HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4468e e
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PLANNING COMMISSION RESOLUTION NO. 4468
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 98-08 FOR 124
AIR SPACE CONDOMINIUM UNITS WITHIN VILLAGE B -
PHASE I1 IN THE RANCHO CULL0 MASTER PLAN ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF PALOMAR AIRPORT ROAD AND MELROSE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILL0 VILLAGE B -
PHASE I1
CASE NO.: CP 98-08
WHEREAS, Continental Ranch, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Continental Ran
“Owner”, described as
Lots 206 and 208 of Carlsbad Tract No. 97-02, Rancho Carrillo
Village “A-D”, In the City of Carlsbad, County of San Diego,
State of California, According to the map thereof No. 13582,
filed in the Office of the County Recorder of San Diego
County, June 10,1998.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plm
Development Permit as shown on Exhibit(s) “A” - “R” dated March 3, 1999 ,on fi
Planning Department, RANCHO CARRILLO VILLAGE B - PHASE 11, CP !
provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of March, 1
on the 7th day of April, 1999 hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Condominium 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 RANCHO CARRILLO VILLA1
PHASE 11, CP 98-08, based on the following findings and subjec
following conditions:
Findinys:
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 modif
have occurred as allowed by the Master Plan process, it is in keeping F
overall intent and purpose of the Master Plan to provide a variety of housir
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 F
Management Plan ensuring that the necessary public facilities and infrast
will be provided concurrent with demand and that grading will be in accc
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 pursuant to 21.53
reduction of some private street widths and building setbacks), the design cri
forth in Section 21.45.080, and has been designed in accordance with the c
contained in the Design Guidelines Manual, in that the project provides the ne
private street widths, conveniently located private recreation areas, ac
resident and guest parking, setbacks and landscaping.
5. That the proposed project is designed to be sensitive to and blend in with the
~ PC RES0 NO. 4468 -2-
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topography of the site, and maintains and enhances significant natural resource
site, in that the project grading is consistent with the approved Rancho
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
6. That the proposed project's design and density of the developed portion of t€
compatible with surrounding development and does not create a dishamo
disruptive element to the neighborhood, in that the project is consistent 1
development type and intensity approved for Village B - Phase I1 by the
Carrillo Master Plan. Village B - Phase 11 abuts Melrose Drive and is sur]
by other villages designated for multi-family development.
7. That the project's circulation system is designed to be efficient and well integrs
the project and does not dominate the project, in that the internal circul
designed to provide automobile access to each of the units garage and to t
parking spaces via a private street system and a pedestrian walkway sysl
provides access to each unit and across the project.
8. The Planning Commission finds that:
a. the project is a subsequent development as described in CEQA G
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 91-04).
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 si;
in the prior EIRs; and
e. none of the circumstances requiring Subsequent or a Supplemental E1
CEQA Guidelines Sections 15162 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 ths 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 1
effects, no additional environmental document is required.
PC RES0 NO. 4468 -3-
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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.
13. The Planning Commission has reviewed each of the exactions imposed on the D
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 proj
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 ma
internally consistent and in conformity with final action on the project. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
2. Approval of CP 98-08 is granted subject to approval of CT 98-15 and SDP 98-
98-08 is subject to all conditions contained in Planning Commission Resoluti
4467 for the tentative tract map and 4469 for the site development plan.
3. The exterior patio spaces (ground floor patio and second floor balcony spat
not be enlarged or modified as to create an enclosed condition (i.e. solarium,
room, or conditioned airspace).
4. If any of the foregoing conditions fail to occur; or if they are, by their term:
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
hture building permits; deny, revoke or further condition all certificates of oc(
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their violatj
vested rights are gained by Developer or a successor in interest by the City's app~
this Condominium Permit.
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PC RES0 NO. 4468 -4-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convt
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exal
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
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
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 b
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 7th day of April, 199’
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Savary,
Segall
NOES:
ABSENT: Commissioner L’Heureux, Nielsen, and Welshons
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4468 -5-