HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 43214
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PLANNING COMMISSION RESOLUTION NO. 4321
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
AMENDMENT TO A PLANNED UNIT DEVELOPMENT
REVIEW OF THE BUILDING ELEVATIONS AND FLOOR
ON PROPERTY GENERALLY LOCATED IN THE
SOUTHEAST QUADRANT OF THE CITY, SOUTH OF
PALOMAR AIRPORT ROAD AND EAST OF MELROSE
DRIVE IN THE RANCHO CARRILLO MASTER PLAN IN
LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGES “C”
CASE NO.: PUD 97-02(A)
WHEREAS, Continental Homes, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Continental Hon
“Owner”, described as
PERMIT, PUD 97-02, FOR THE DELAYED ARCHITECTURAL
PLANS OF 114 DUPLEX AND 87 SINGLE-FAMILY HOMES
AND “D”
Lots 1 through 193 of Carlsbad Tract 97-02, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 13582 filed in the office of the County
Recorder of San Diego County, June 10,1998
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plam
Development Amendment as shown on Exhibits “A” - “X” dated July 1, 1998 ,on fi
Planning Department, RANCHO CARRILLO VILLAGES “C” AND “D”, PUD 974
provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of July, 1998
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 persons desiring to be heard, said Commission considered a1
relating to the Planned Unit Development Permit Amendment.
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WHEREAS, on March 3, 1998, the City Council approved PUD !
described and conditioned in City Council Resolution No. 98-52.
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
APPROVES RANCHO CARRILLO VILLAGES “C” AND “D”, 1
02(A), based on the following findings and subject to the following condi
FindinEs:
1. All findings set forth in Planning Commission Resolution No. 4242 apply equal
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 grour
not shown on the original permit, or the rearrangement of uses wi
development in that the minor amendment consists only of arch
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;
3. The building architecture is consistent with the Villages “C” AND “D”
guidelines as established by PUD 97-02; and
4. The amendment meets all applicable design criteria set forth in the Villages ‘
“D” Design guidelines in that it is compatible with other development wi
Rancho Carrillo Master Plan.
5. The Planning Director has found that this Subsequent Project was describe(
previous Environmental Impact Report prepared for MP 139(F); and there wi
additional significant effects, not analyzed therein; and that no new or ac
mitigation measures or alternatives are required; and that, therefore, this Sul
Project is within the scope of the prior EIR; and no new environmental docw
Public Resources Code 2 1083 findings are required.
I PC RES0 NO. 4321 -2-
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6. All mitigation measures in the Master Environmental Impact Report
Environmental Impact Report for Rancho Carrillo have been incorporat4
design or imposed by conditions of Tentative Tract Map CT 97-02 and
Development Permit PUD 97-02.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all correc
modifications to the Planned Unit Development document(s), necessary to ms
internally consistent and in conformity with final action on the project. Developrr
occur substantially as shown in the approved Exhibits. Any proposed development
from this approval, shall require an amendment to this approval. All other conditi
approvals of PUD 97-02 as stated in Planning Commission Resolution No. 4
amended by this action shall remain in full force and effect.
2. Staff is authorized and directed to make, or require the Developer to make, all correc
modifications to the Planned Unit Development documents, as necessary to ml
internally consistent and in conformity with the final action on the project. Devc
shall occur substantially as shown on the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
4. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving Resolutions No. 4242 and 4321 on a 2~
blueline drawing.
5. Building permits will not be issued for development of the subject property un
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.
6. 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 impl,
and maintained according to their terms, the City shall have the right to revoke or mc
approvals herein granted; deny or further condition issuance of all future building
deny, revoke or further condition all certificates of occupancy issued under the autk
approvals herein granted; institute and prosecute litigation to compel their compliar
said conditions or seek damages for their violation. No vested rights are gained by Dc
or a successor in interest by the City’s approval of this minor Planned Developmen
amendment.
7. This project shall comply with all conditions and mitigation measures which are req
part of the approved Planned Unit Development, as contained in Planning Com
Resolution No. 4242.
PC RES0 NO. 4321 -3 -
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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, 199:
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, fi
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4321 -4-