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HomeMy WebLinkAbout1999-07-21; Planning Commission; Resolution 4591: 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. 4591 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO PLANNED UNIT DEVELOPMENT PERMIT PUD 97-03, FOR THE DELAYED ARCHITECTURAL REVIEW OF THE BUILDING ELEVATIONS AND FLOOR PLANS OF 95 LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF MELROSE DRIVE, AND NORTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: RANCHO CARRILLO VILLAGE “E” CASE NO.: PUD 97-03(B) WHEREAS, Continental Ranch, Inc., “Owner” and “Developer”, ha SINGLE-FAMILY HOMES ON PROPERTY GENERALLY verified application with the City of Carlsbad regarding property described as: A portion of sections 18 and 19, Township 12 south, range 3 west, San Bernardino base and meridian, according to the official plat thereof, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Plam Development Permit Minor Amendment as shown on Exhibit(s) “A” - “L” dated 1999, on file in the Planning Department, RANCHO CARRILLO VILLAGE “E” - : 03(B) as provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of July, 199 duly noticed public meeting as prescribed by law to consider said request; and WHEREAS, at said public meeting, upon hearing and considering all t and arguments, if any, of persons desiring to be heard, said Commission considered a’ relating to the minor Planned Unit Development Permit Minor Amendment. WHEREAS, on September 2, 1998, the Planning Commission appro1 97-03, as described and conditioned in Planning Commission Resolution No. 4386. 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 WHEREAS, on July 7, 1999, the Planning Commission approved 03(A) as described and conditioned in Planning Commission Resolution 4588. WHEREAS, on June 16,1999, the Planning Commission approved 03(C) as described and conditioned in Planning Commission Resolution 4564. 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 meeting, the COI DETERMINES that the amendment is minor in nature and APJ RANCHO CARRILLO VILLAGE “E” - PUD 97-03(B), based following findings and subject to the following conditions: Findinm: 1. All findings set forth in Planning Commission Resolutions No. 4385 and 43, equally to the amended project, and are incorporated by this reference. 2. The proposed amendment qualifies as, and is hereby found to be, a Minor Development Amendment because: A. The amendment does not involve a change to the densities or bounc the subject property; B. The amendment does not involve an addition of a new use or group not shown on the original permit, or the rearrangement of uses wi development in that the minor amendment consists only of archi review of the building elevations and floor plans of single family homc C. The amendment does not involve changes greater than ten pel approved yards, coverage, height, open space or landscaping; D. The building architecture is consistent with the Village “E” Guidelines as established by PUD 97-03; and E. The proposed architecture meets all applicable design criteria set for1 Village “E” Design Guidelines and is compatible with the other develc within the Rancho Carrillo Master Plan. 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 /I PC RES0 NO. 4591 -2- 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 them internally consistent and in conformity with final action on the Development shall occur substantially as shown in the approved Exhibits. Any development different from this approval, shall require an amendment to this app 2. Architectural Exhibits “A” - “L” for PUD 97-03(B) are in addition to Exhib “U” approved by Resolution 4386 for PUD 97-03 and Resolution 4385 for C‘ 3. The Developer shall comply with all applicable provisions of federal, state, 2 ordinances in effect at the time of building permit issuance, 4. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving Resolutions No. 4385,4386, and 4591 x 36” blueline drawing. 5. Building permits will not be issued for this project unless the local agency F water and sewer services to the project provides written certification to the ( adequate water service and sewer facilities, respectively, are available to the projj time of the application for the building permit, and that water and sewer cap: facilities will continue to be available until the time of occupancy. 6. Development in Village E shall comply with all Rancho Carrillo Master Plar Guidelines regulating setback and building separation, plotting, walls and and lot drains. 7. This project shall comply with all conditions and mitigation measures which are as part of the approved Mitigated Negative Declaration as contained in 1 Commission Resolutions No. 459 1. NOTICE Please take NOTICE that approval of your project includes the “imposition” 1 dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexacl 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 tl 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 p zoning, grading or other similar application processing or service fees in connection v project; NOR DOES IT APPLY to any fees/exactions of which you have previously bet a NOTICE similar to this, or as to which the statute of limitations has previously 01 expired. PC RES0 NO. 4591 -3- & d) 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 21st day of July, 199! following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: I Planning Director I PC RES0 NO. 4591 -4-