HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4352r
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PLANNING COMMISSION RESOLUTION NO. 4352
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
OF RANCHO SANTA FE ROAD AND NORTH OF CALLE
ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: SHELLEY TRACT MAP
CASE NO.: PUD 90-04
PUD 90-04 ON PROPERTY GENERALLY LOCATED EAST
WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with
of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as
That portion of lots 13 and 14 of the subdivision of the Rancho
Las Encinitas, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 848, filed in
the office of the County Recorder of San Diego County, June
27,1898; and
An easement and right-of-way for road purposes over and
across that portion of the southerly 60 feet of the westerly half
of lot 14 of Rancho Las Encinitas, which lies east of the center
line of the county road known as Road Survey No. 454-A.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plan
Development Permit as shown on Exhibit(s) “A”-“K” dated September 16, 1998 ,on f
Planning Department, SHELLEY TRACT MAP, PUD 90-04, as provided by
2 1.45/21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of Octobr
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 t
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Planned Unit Development Permit.
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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
RECOMMENDS APPROVAL of SHELLEY TRACT MAP, PUI
based on the following findings and subject to the following conditions:
Findings:
1. That the granting of this permit will not adversely affect and will be consisi
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master p
all adopted plans of the City and other governmental agencies, in that the proj
not propose any amendment to any of the described documents and h
designed as required by the referenced documents.
2. That the proposed use at the particular location is desirable to provide facilitir
will contribute to the long-term general well-being of the surrounding neighborhc
the community, in that the project will provide additional housing urn
significant preserved open space and passive recreation in the form of a pul
within an area that is developed with similar residential neighborhoods.
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 has been designed in a similar fashion to the
residential neighborhoods and will not introduce land uses that have the p
for causing health or safety hazards.
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 all residential lots have a minimum of 7,500 squ,
and an average of 10,630 square feet where a minimum of 3,500 square
required; streets are curvilinear; and, significant open space lands ha1
included in the project design.
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 has been “terraced” consistent with natural contours
slopes adjacent to thz central open space lots have been undulated; and, the
open space lots will be landscaped for habitat enhancement.
6. That the proposed project’s design and density of the developed portion of thc
compatible with surrounding development and does not create a disharmon
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disruptive element to the neighborhood, in that the proposed lot sizes are eql
larger than adjacent residential developments; the project density is bc
growth control point and is similar to existing surrounding development; i
anticipated that the home development will be of similar size and design
residential home development in the area.
7. That the project’s circulation system is designed to be efficient and well integrb
the project and does not dominate the project, in that the project will have typic
scenes of a single family residential neighborhood.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
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 90-04 is granted subject to the approval of CT 90-03. PUD
subject to all conditions contained in Planning Commission Resolution No. 4
CT 90-03.
3. Prior to the issuance of building permits for any residential structure,
Development Plan (SDP) shall be reviewed and approved by the P
Commission. The SDP shall include fence design and location, setbacks fro]
slopes consistent with Chapter 21.95 of the Carlsbad Municipal Code, archi
styles and details with an emphasis on street scene, visibility from public rj
way and the central open space lots.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” I
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from date of final 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 informat
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, re1
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 p
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
PC RES0 NO. 4352 -3 -
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a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
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ABSTAIN: 10
ABSENT: Commissioners Heineman and Welshons
NOES:
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CARLSBAD PLANNING COMMISSION
ATTEST:
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BAILEY NOE$E, Chairperson
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17 MICHAEL J. HMZMIL~I~R
18 Planning Director
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