HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4500d 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
0 0
PLANNING COMMISSION RESOLUTION NO. 4500
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ON PROPERTY GENERALLY. LOCATED SOUTH OF AGUA
HEDIONDA LAGOON NORTH OF VETERANS’ MEMORIAL
PARK, WEST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH
CASE NO. : PUD 99-02
WHEREAS, Kelly Land Company, “Developer”, has filed a verified apl
with the City of Carlsbad regarding property owned by Kelly Land Company, ‘‘I
APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 99-02
described as
That portion of Lot “I” of Rancho Agua Hedionda, according to
map there of No. 823, filed in the office of the County Recorder of
San Diego on November 16,1896, in the City of Carlsbad, County
of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plann
Development Permit as shown on Ehbit(s) “A” - “M” dated April 7, 1999 ,on fill
Planning Department, KELLY RANCH, PUD 99-02, as provided by Chapter 2 1.45/21.4
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April, 1999
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 all
relating to the Planned Unit Development Permit
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
* 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
11
e 0
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 KELLY RANCH, PUD 99-02, base
following findings and subject to the following conditions:
Findings:
1. That the granting of this permit will not adversely affect and will be consist
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master pl
all adopted plans of the City and other governmental agencies, in that the ap
requirements of the Planned Development Ordinance have been met si
residential lots exceed the 3,500 square foot minimum, resident and guest
can be provided, recreational open space has been provided and c
recreational vehicle storage is being provided.
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 proposed residential developmer
Kelly Ranch will provide a variety of housing types which will build a
community.
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 site is currently vacant and the development of the si
residential neighborhood will ultimately be a benefit to adjacent property ow
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 has integrated open space, recrc
facilities, and a comprehensive circulation system.
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 areas of development have been designed to the greatest er
coordination with the varying elevations of the existing topography to rr
views and preserve hillside open space.
6. That the proposed project’s design and density of the developed portion of tht
compatible with surrounding development and does not create a dishamon
disruptive element to the neighborhood, in that the site is isolated from t
development and has been designed consistent with the land use goals of the (
Plan.
7. That the project’s circulation system is designed to be efficient and well integral
the project and does not dominate the project, in that the circulation system h:
designed with some use of the hillside development standards which all01 i I PC RES0 NO. 4500 -2-
e 0
r 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
I
reduction in width which in turn reduces the street systems dominance and
on the hillside environment.
8. 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 projl
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
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 appl
2. Approval of PUD 99-02 is granted subject to the approval of CT 97-16, HDP 97.
CDP 97-43.
3. PUD 99-02 shall expire two years from the date of final action unless extendec
extension of CT 97-16 or “finaled” with the final map for CT 97-16.
4. All conditions of CT 97-16 Planning Commission Resolution No. 4497 are inco:
herein by reference.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convenl
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these feedex
If you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man;
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
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/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl
zoning, grading or other similar application processing or service fees in connection w
project; NOR DOES IT APPLY to any feedexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously of
expired.
...
1 PC RES0 NO. 4500 -3-
*
4 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
e e
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of April 1991
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
/ .*.
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4500 -4-