HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4386’$ ll e e
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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:
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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-
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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.
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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
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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
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