HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 4692a 0
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PLANNING COMMISSION RESOLUTION NO. 4692
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PLANNED UNIT DEVELOPMENT PERMIT PUD 99-06 TO
ALLOW A 12 LOT, 1 1-UNIT SMALL LOT SUBDIVISION ON
PROPERTY GENERALLY LOCATED SOUTH OF
UNICORN10 STREET BETWEEN CACTUA STREET AND EL
FUERTE STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 6
CASE NAME: THE REGENCY
CASE NO.: PUD 99-06
WHEREAS, Regency Development, LLC, “Developer/Owner”, has file(
verified application with the City of Carlsbad regarding property described as
Lot 417 and 418 of La Costa Meadows Unit No. 3, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 7076, filed in the Office of the
County Recorder of San Diego County, October 6,1971;
14 11 and, property owned by Theresa T. Gordon and C. Anthony Thomas as Trustees for
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~~ II Danny Thomas Family Trust U/D/T dated 12/28/81 as amended 3/9/82, “Owner”, descril 16
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as
Lot 419 of La Costa Meadows Unit No. 3, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 7076, filed in the Office of the County
Recorder of San Diego County, October 6,1971
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned 1.
Development Permit as shown on Exhibit(s) “A”- “H” dated December 15, 1999, on file in
Planning Department, THE REGENCY, PUD 99-06, as provided by Chapter 21.45 of
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of December, 19
hold a duly noticed public hearing as prescribed by law to consider said request; and
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1 )I WHEREAS, at said public hearing, upon hearing and considering all testimc
2 I/ and arguments, if any, of persons desiring to be heard, said Commission considered all fact
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4 II relating to the Planned Unit Development Permit.
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6 Commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
7 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commiss
APPROVES THE REGENCY - PUD 99-06, based on the following findi
and subject to the following conditions:
Findinm:
1. That the granting of this permit will not adversely affect and will be consistent with
Municipal Code, the General Plan and all adopted plans of the City and ot
govemmental agencies, in that the proposed project is consistent with the Residen
Medium High (RMH) density land use designation, RD-M zoning, and all applica
development standards and design criteria of the Planned Development Ordinanc
, ,
~ 15 2. That the proposed use at the particular location is necessary and desirable to provid
which is compatible with the surrounding residential development. 17
neighborhood and the community, in that the project provides residential hous 16 service or facility which will contribute to the long-term general well-being of
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3. That such use will not be detrimental to the health, safety, or general welfare of perst
residing or working in the vicinity, or injurious to property or improvements in
vicinity, in that the project is conditioned to conform to all design and developm
standards required by the Carlsbad Municipal Code.
4. That the proposed Planned Development meets all of the minimum developm
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.0
and has been designed in accordance with the concepts contained in the Des
Guidelines Manual, in that the lots will exceed the 3,500 square foot minimum
size, building elevations contain off-set building planes and articulation compati
with the small lot guidelines, the project provides adequate resident and gu
parking, both active and passive recreation areas are provided in suffici
quantity, RV parking has been provided, and all of the development standards
building setback, building height, and lot coverage have been met.
26 5. That the proposed project is designed to be sensitive to and blend in with the nat:
27 topography of the site, and maintains and enhances significant natural resources in
site in that the existing slope will be maintained, the retaining wall at the base of 28 slope will not encroach more than six vertical feet into the toe of the slope, :
minor finish grading of the pads will result in positive drainage to the street.
PC RES0 NO. 4692 -2-
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6. That the proposed project’s design and density of the developed portion of the site
compatible with surrounding development and does not create a disharmonious
disruptive element to the neighborhood, in that the two-story, small lot, twinho
design of the project will complement the existing two-story, single-fam
residential planned development and condominium development surrounding 1
project site.
7. That the project’s circulation system is designed to be efficient and well integrated u
the project and does not dominate the project, in that the number of access points frl
Unicornio Street are limited to two private streets which provide direct access
individual garages and guest parking spaces; necessary lines of site are provided
corners and driveway aprons; and landscaped private streets with enhanced pavl
are integrated into the design of the subdivision in order to create a cohes
neighborhood theme.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval o
final map.
1. This approval is granted subject to the approval of the Mitigated Negative Declaratir
Mitigation Monitoring and Reporting Program, and CT 99-14 and is subject to
conditions contained in Planning Commission Resolutions No. 4690 and 4691 for thc
other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatio
reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from the date final approval to protest imposition of these feedexactions.
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 feedexactic
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 t
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giy
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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PC RES0 NO. 4692 -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:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMI~~ER
Planning Director
1) PC RES0 NO. 4692 -4-