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HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4386’$ ll e 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 PLANNING COMMISSION RESOLUTION NO. 4386 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 384 DWELLING UNIT PLANNED UNIT GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF MELROSE DRIVE AT THE EASTERN CITY BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: RANCHO CARRILLO VILLAGES E, F, G, CASE NO.: PUD 97-03 WHEREAS, Continental Ranch, Inc., “Developer”, has filed a DEVELOPMENT PERMIT PUD 97-03 ON PROPERTY K AND P application with the City of Carlsbad regarding property owned by Continental Ran’ “Owner”, described as Those portions of Section 18 and 19, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carllsbad , County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Planr Development Permit as shown on Exhibit(s) “A” - “U” dated September 2, 1998 ,on fi Planning Department, RANCHO CARRILLO VILLAGES E, F, G, K AND P, PUD 5 provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of Septembc 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 al relating to the Planned Unit Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 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 Con RECOMMENDS APPROVAL of RANCHO CARRILLO VILLAGI G, K AND P, PUD 97-03, based on the following findings and subjet following conditions: Findings: 1. That the granting of this permit will not adversely affect and will be consist1 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 res development standards and design criteria specified by the Planned Devel Ordinance are generally adhered to within the Master Plan. Where modij have occurred as allowed by the Master Plan process, it is in keeping 7 overall intent and purpose of the Master Plan to protect sensitive enviro. resources and to provide a variety of housing opportunities within this re! 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-bein; neighborhood and the community, in that it offers safe, attractive singlt residential uses with a wide range of price in a variety of locations. 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 F Management Plan ensuring that the necessary public facilities and infrasl will be provided concurrent with demand and that grading will be in aco with the provisions of the Grading Ordinance and the recommendation! 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 the design criteria set forth in Section 21 and has been designed in accordance with the concepts contained in the Guidelines Manual, in that the project provides the necessary public and street widths, conveniently located private recreation areas, adequate resid 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 1 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. 4386 -2- 7 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 6. That the proposed project's design and density of the developed portion of tl compatible with surrounding development and does not create a disharmo disruptive element to the neighborhood, in that the project is consistent 1 development type and intensity approved for Villages E, F, G, K and I Rancho Carrillo Master Plan. Villages E, F, G, K and P abut Palomar Road and Melrose Drive and are surrounded by other villages designated 6 and multi-family development. 7. That the project's circulation system is designed to be efficient and well integra 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 public and priva system as well as satisfy guest parking requirements in proximity to the in units. 8. The Planning Commission finds that: a. the project is a subsequent development as described in CEQA GI 15 168(c)(2) and (e), and 15 183; 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 I Rancho Carrillo Master Plan; d. the project has no new significant environmental effect not analyzed as si! in the prior EIRs; and e. none of the circumstances requiring Subsequent or a Supplemental E11 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 ovt considerations. The project is consistent with the General Plan and as I 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 applic; 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. 4386 -3- 1 e 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 cc 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 1 development different from this approval, shall require an amendment to this app 2. Approval of PUD 97-03 is granted subject to approval of CT 97-03. PUD subject to all conditions contained in Planning Commission Resolution No. 4385 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 t implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuar future building permits; deny, revoke or further condition all certificates of o( issued under the authority of approvals herein granted; institute and prosecute liti compel their compliance with said conditions or seek damages for their viol; vested rights are gained by Developer or a successor in interest by the City’s apl this Condominium Permit. 4. This approval shall become null and void if a final map is not appruved for thi within 24 months of the date of project approval. NOTICE Please take NOTICE that approval of your project includes the “impo~ition’~ dedications, reservations, or other exactions hereafter collectively referred to for conve~ “fees/exactions.” You have 90 days from date of City Council approval to protest imposition fees/exactions. 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 2 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 1 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously be PC RES0 NO. 4386 -4- ,+. ? E * 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 NOTICE similar to this, or as to which the statute of limitations has previously ( expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 2nd day of September 19! 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 I I PC RES0 NO. 4386 -5-