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Home My WebLink About1998-09-02; Planning Commission; Resolution 4383t 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 PLANNING COMMISSION RESOLUTION NO. 4383 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING AIR SPACE CONDOMINIUM UNITS WITHIN VILLAGE A IN THE RANCHO CARRILLO MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, BETWEEN MELROSE DRIVE AND THE EASTERN CITY BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCHO CARRILLO VILLAGE A CASE NO. : CP 98-01 WHEREAS, Shea Homes L.P., “Developer”, has filed a verified applicat the City of Carlsbad regarding property owned by Continental Ranch, “Owner”, descril: APPROVAL OF CONDOMINIUM PERMIT CP 98-01 FOR 169 A portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and a portion of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Plm Development Permit as shown on Exhibit(s) “A” - “G” dated September 2, 1998 ,on fil Planning Department, RANCHO CARRILLO VILLAGE A, CP 98-01 as provided by 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of Septembet 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 te and arguments, if any, of persons desiring to be heard, said Commission considered all relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the F Commission of the City of Carlsbad as follows: i 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 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 RANCHO CARRILLO VILLAG: 98-01, based on the following findings and subject to the following condi Findings: 1. That the granting of this permit will not adversely affect and will be consist Chapter 21.45 of Title 2 of the General Plan, the Rancho Carrillo Master Plan adopted plans of the City and other governmental agencies, in that the re! development standards and design criteria specified by the Planned Deve Ordinance are generally adhered to within the Master Plan. Where mod3 have occurred as allowed by the Master Plan process, it is in keeping I overall intent and purpose of the Master Plan to provide a variety of housil within this residential community. 2. That the proposed use at the particular location is necessary and desirable to p service or facility which will contribute to the long-term general well-beini neighborhood and the community, in that the multi family development will COI to the balance of housing types in the City. 3. That such use will not be detrimental to the health, safety, or general welfare of residing or working in the vicinity, or injurious to property or improvement vicinity in that the project is conditioned to comply with the Zone 18 Local I+ Management Plan ensuring that the necessary public facilities and infrasi will be provided concurrent with demand and that grading will be in acc with the provisions of the Grading Ordinance and the recommendations geotechnical analysis, and that adequate access to the site will be providc Melrose Drive. 4. That the proposed Planned Development meets all of the minimum deve standards set forth in Chapter 21.45.090 (except as modified by MPA 139( design criteria set forth in Section 21.45.080, and has been designed in accordaI the concepts contained in the Design Guidelines Manual, in that the project prov necessary public and private street widths, conveniently located private rec areas, adequate resident and guest parking, setbacks and landscaping. 5. That the proposed project is designed to be sensitive to and blend in with the topography of the site, and maintains and enhances significant natural resource: site, in that the project grading is consistent with the approved Rancho 4 Master Plan Hillside Development Permit, HDP 91-17, and units will variation in architecture and roof colors as well as landscaping and uniform on HOA maintained slopes to screen structures from surrounding roadways. PC RES0 NO. 4383 -2- '? 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 I 28 6. That the proposed project's design and density of the developed portion of tk compatible with surrounding development and does not create a disharmo disruptive element to the neighborhood, in that the project is consistent 7 development type and intensity approved for Village A by the Rancho Master Plan. Village A abuts future Melrose Drive and is surrounded 1 villages designated for single and multi-family development, 7. That the project's circulation system is designed to be efficient and well integrl the project and does not dominate the project, in that its road design will automobile and pedestrian access to each of the units via a private street SJ well as satisfy guest parking requirements in proximity to the individu: without surrounding the units with pavement. 8. The Planning Commission finds that: a. the project is a subsequent development as described in CEQA GI 15168(c)(2) and (e), and 15183; b. the project is consistent with the General Plan Master EIR (MEIR 93. Rancho Carrillo Master Plan EIR (EIR 9 1-04). c. there was an EIR certified in connection with the prior 1994 General 1 Rancho Carrillo Master Plan; d. the project has no new significant environmental effect not analyzed as sii in the prior EIRs; and e. none of the circumstances requiring Subsequent or a Supplemental EI: CEQA Guidelines Sections 15 162 or 15 163 exist. 9. That all feasible mitigation measures or project alternatives identified in the ME1 and EIR 91-04 which are appropriate to this Subsequent Project have been inco into this Subsequent Project. 10. That MEIR 93-01 found that air quality and circulation impacts are signific adverse; therefore, the City Council adopted a statement of ove considerations. The project is consistent with the General Plan and as t effects, no additional environmental document is required. 11. The project is consistent with the Comprehensive Land Use Plan (CLUP) McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicz record a notice concerning aircraft noise. 12. That the project is consistent with the City's Landscape Manual, adopted by City Resolution No. 90-384. PC RES0 NO. 4383 -3 - i 0 e 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 13. The Planning Commission has reviewed each of the exactions imposed on the C contained in this resolution, and hereby finds, in this case, that the exactions are to mitigate impacts caused by or reasonably related to the project, and the exten degree of the exaction is in rough proportionality to the impact caused by the pro. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Condominium Permit document(s), necessary to mz internally consistent and in conformity with final action on the project. Devt shall occur substantially as shown in the approved Exhibits. Any proposed devt different from this approval, shall require an amendment to this approval. 2. Approval of CP 98-01 is granted subject to approval of MP 139(G) and CT 98 98-01 is subject to all conditions contained in Planning Commission Resoluti 4384 and 4382 respectively. 3. If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time, if any of such conditions fail tc implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuan future building permits; deny, revoke or further condition all certificates of oc issued under the authority of approvals herein granted; institute and prosecute liti; compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City’s app this Condominium Permit. NOTICE Please take NOTICE that approval of your project includes the “imposition” l dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from date of City Council approval to protest imposition c feedexactions. If you protest them, you must follow the protest procedure set 1 Government Code Section 66020(a), and file the protest and any other required informati the City Manager for processing in accordance with Carlsbad Municipal Code Section 3 Failure to timely follow that procedure will bar any subsequent legal action to attack, re\ 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 PJ zoning, grading or other similar application processing or service fees in connection w project; NOR DOES IT APPLY to any fees/exactions of which you have previously bee a NOTICE similar to this, or as to which the statute of limitations has previously ot expired. I PC RES0 NO. 4383 -4- ” . 1 0 a PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 Commission of the City of Carlsbad, California, held on the 2nd day of September 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, a NOES: ABSENT: Commissioners Nielsen, Savary, and Welshons ABSTAIN: Monroy CARLSBAD PLANNING COMMISSION ATTEST: < Planning Director PC RES0 NO. 4383 -5-