HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4384: . ’.
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PLANNING COMMISSION RESOLUTION NO. 4384
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MASTER PLAN AMENDMENT NO. 139(G) TO PROVIDE
UNDERLYING ZONING FOR THE RANCHO CARRILLO
MASTER PLAN AND TO MODIFY THE SPECIAL DESIGN
CRITERIA FOR VILLAGE A ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, NORTH
OF LOCAL FACILITIES MANAGEMENT ZONE 6 AND EAST
OF BRESSI RANCH, IN LOCAL FACILITIES MANAGEMENT
ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGE A
CASE NO: MP 139(G)
WHEREAS, Shea Homes L.P., ”Developer”, has filed a verified applicat
the City of Carlsbad regarding property owned by Continental Ranch, Inc., “Owner”, d
as
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 Mas
Amendment as shown on Exhibit “MP 19(G)” dated September 2, 1998, attached he
made a part hereof, RANCHO CARRILLO VILLAGE A, MP 139(G) as provided by
and Chapter 21.38 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembt
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Master Plan Amendment.
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WHEREAS, on October 21, 1997, the City Council approved, MP 1:
described and conditioned in Planning Commission Resolution No. 4167.
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 Con
APPROVES RANCHO CARRILLO VILLAGE A, MP 139(G), as
master plan amendment, based on the following findings and subjec
following conditions:
Findings:
1. That the proposed development as described by the Master Plan Amendment is CI
with the provisions of the General Plan in that the Master Plan implements tht
Ordinance which implements the General Plan by regulating the distribul
intensity of land uses in such categories as residential, commercial, and in'
Written regulations establish standards for minimum lot size, building hei
set back limits, fence heights, parking, and other development parameter
each land use. The contents of a Master Plan (Section 21.38.030 of the C
Municipal Code) shall include the location of the various land uses indicate1
use of zone designations of development zones as provided within the
Ordinance. This amendment will make the Master Plan consistent w
requirement of the Zoning Ordinance. The Master Plan Amendment will tl
be consistent with the General Plan
2. That all necessary public facilities can be provided concurrent with need and ;
provisions have been provided to implement those portions of the Capital Impr
Program applicable to the subject property. The Master Plan has language in
stating that all future development shall comply with the public facility perf(
standards and phasing requirements of the Local Facilities Manageme
(LFMP) for Zone 18. Public facilities are required to be constructed as deve
in the Master Plan creates demand for additional facilities. A financil
approved by the City Council for the Zone 18 LFMP provides the mechani
the financing of the required public facilities.
3. The underlying zoning for the community and the Design Criteria for Villagc
constitute an environment of sustained desirability and stability, and that it w
harmony with or provide compatible variety to the character of the surrounding
that it is in conformance with the approved and proposed Master Plan wl
designated this site for high density residential development.
PC RES0 NO. 4384 -2-
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4. That the streets and thoroughfares proposed are suitable and adequate to c
anticipated traffic thereon, in that all streets are designed to City standards
public or private. This Master Plan Amendment does not redistribute
intensities within the Master Plan. The Plan analyzed the impact of the p
development previously and the roads have been so sized as to allow 1
standards to be met.
5. That appropriate measures are proposed to mitigate any adverse environmental i
noted in the adopted Environmental Impact Report for the project, in that the prc
reviewed in accord with all requirements of the California Environmental
Act, public and expert testimony was received and incorporated into t€
Environmental Impact Report for this project, and a Mitigation Monitor
Reporting Program adopted as part of this Final Environmental Impact Rep
6. That the revision of development standards for Village A enhances the lival
separating vehicle and pedestrian traffic, increases the aesthetics of the
decreasing the paved surfaces, and allowing more variation in design.
7. That the proposed amendments are “minor” because they will not change d
or boundaries of the subject property, or involve the addition of a new use (
of uses not shown within the Master Plan.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Master Plan Amendment document(s) necessary to me
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. The developers shall comply with all applicable provisions of federal, state a
ordinances in effect at the time of building permit issuance.
3. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time; if any such conditions fail to be so imp1
and maintained according to their terms, the City shall have the right to revoke 01
all approvals herein granted; deny or further condition issuance of all future
permits; deny, revoke, or further condition all certificates of occupancy issue
authority of approvals herein granted; institute and prosecute litigation to com;
compliance with said conditions or seek damages for their violation. No vested r
gained by the Developer or a successor in interest by the City’s approval of this
Plan Amendment.
PC RES0 NO. 4384 -3-
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4. Approval of MP 139(G) is granted subject to approval of CT 98-03 and CP 98-
139(G) is subject to all conditions contained in Planning Commission Resolut
4382 and 4383 respectively.
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 the date of 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 C
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/<
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 .
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 c
expired.
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i PC RES0 NO. 4384 .4-
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PASSED, APPROVED .AND ADOPTED at a regular meeting of the :
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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, a1
5 Monroy
6 NOES:
7 II ABSENT: Commissioners Nielsen, Savary, and Welshons
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ABSTAIN: ”
CARLSBAD‘PLANNING COMMISSION
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,
Planning Director
PC RES0 NO. 4384 -5-