HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 4688.
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PLANNING COMMISSION RESOLUTION NO. 4688
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO GRADE AND SUBDIVIDE 10.4
ACRES INTO 21 LOTS AND CONSTRUCT 19 SINGLE
FAMILY DWELLINGS ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF CARLSBAD
VILLAGE DRIVE AND EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 2
CASE NAME: SPYGLASS I1
CASE NO: SUP 99-04
WHEREAS, Landis Industries, Inc., “Developer”, has filed a veri:
application with the City of Carlsbad regarding property owned by Horace and Dolph
Felkins Trust, “Owner”, described as
That certain portion of Lot J, Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to partition Map thereof, No. 823 on file in the Office
of the County Recorder of said County, and described in Deed
to Wayne Willard Connor, recorded June 21, 1957 as
Document No. 92974 in Book 6632, page 183 of official records
of said County
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special 1
Permit as shown on Exhibit(s) “A” - “S’ dated December 15, 1999, on file in the Planr
Department SPYGLASS 11, SUP 99-04, as provided Chapter 21.40 of the Carlsbad Munic
Code; and
WHEREAS, the Planning Commission did on the 15th day of December, 15
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 testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Special Use Permit;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm
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 Commiss
APPROVES SPYGLASS 11, SUP 99-04, based on the following findings
subject to the following conditions:
Findinm:
1. The project is consistent with the purposes of the Scenic Preservation Overlay Z
in that the project is consistent with the El Camino Real Corridor Standards exc
where deviations to the guidelines are allowed.
2. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan, based on the facts set fort
the staff report dated December 15,1999.
3. The project enhances the scenic qualities of the El Camino Real Corridor consisi
with the corridor’s development standards by providing an attractive developm
reflecting an “Old California/Hispanic” architectural theme, building heights be
the 35 foot height limit, a minimum building setback of 130 feet along El Cam
Real, and extensive landscaping which incorporates the theme tree for the corridc
4. The project protects scenic views and traffic safety along El Camino Real
providing attractive buildings, performing corrective grading, extensi!
landscaping proposed slopes, making street improvements along the proje
frontage, and taking access off of Carlsbad Village Drive at a signalized intersecti
5. The following findings of Section V of the El Camino Real Corridor Developrr
Standards are made to allow cut or fill grading within the setback from El Carr
Real to exceed 15 feet from original grade:
A. The limit of 15 feet of cut or fill is infeasible given the corrective grac
required and the public street improvements.
B. The use of setbacks, rounded slopes, berms and extensive landscaping will
compromise the scenic qualities of the corridor.
C. All pertinent traffic standards will be met by the project and the deviation
not have an adverse impact on traffic safety. The grading will meet the Ci
sight distance requirements.
~ D. The project as proposed has been designed to meet or exceed the intent of
remaining El Camino Real Corridor Development standards. The prop(
exception will actually correct existing topographic deficiencies along El Can
Real.
PC RES0 NO. 4688 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all correctic
and modifications to the Special Use Permit document(s) necessary to make th
internally consistent and in conformity with final action on the project. Developm
shall occur substantially as shown in the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of the Mitigated Negative Declarat
and Mitigation Monitoring and Reporting Program, CT 99-08, SDP 99-04, and H
99-07 and is subject to all conditions contained in Planning Commission Resolutil
No. 4685,4686,4687, and 4689 for those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fi
dedications, reservations, or other exactions hereafter collectively referred to for convenienct
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void.
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feesiexacti,
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with ;
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
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PC RES0 NO. 4688 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plann
Commission of the City of Carlsbad, California, held on the 15th day of December, 1999 by
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
AB@&
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. '~EJOLZMILLER
Planning Director
PC RES0 NO. 4688 -4-