HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50181
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PLANNING COMMISSION RESOLUTION NO. 5018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EL
CAMINO REAL CORRIDOR SPECIAL USE PERMIT TO
ALLOW FOR THE GRADING OF PLANNING AREAS 1.1,1.2,
AND 1.3 OF THE VILLAGES OF LA COSTA MASTER PLAN
ON PROPERTY GENERALLY LOCATED APPROXIMATELY
2,500 FEET SOUTH OF PALOMAR AIRPORT ROAD AND
EAST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
CASE NAME: VILLAGES OF LA COSTA - THE GREENS
CASE NO: SUP 01-04
WHEREAS, Morrow Development, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
See attachment “CT 99-03 - A”, attached to Planning
Commission Resolution No. 5016, hereby incorporated by
reference
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibit(s) ccAn - “EEE”, ‘L UUUU”, and ?!YYY” dated August 29,2001,
on file in the Planning Department VILLAGES OF LA COSTA - THE GREENS - SUP Ol-
04, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 29th day of August, 2001 and
on the 5th day of September 2001 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Special Use Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B)
FindinPs:
That based on the evidence presented at the public hearing, the Commission
APPROVES, VILLAGES OF LA COSTA - THE GREENS - SUP 01-04
based on the following findings and subject to the following conditions:
1. The Special Use Permit for the El Camino Real Scenic Corridor is consistent with
the purpose of Chapter 21.40, Scenic Preservation Overlay Zone, and specifically
the development standards for Area 4 of the El Camino Real Scenic Corridor
Guidelines in that proposed cut or fill will not exceed 15 feet from existing grade for
those areas subject to the standards.
2. The proposed Special Use Permit is consistent with the provisions of the General
Plan and the Villages of La Costa Master Plan in that the other development
standards for Area 4 of the El Camino Real Corridor Development Standards have
been incorporated into the Villages of La Costa Master Plan.
3. Approval of the Special Use Permit will not create an adverse effect on the scenic
qualities of the property in that adequate setbacks and theme landscaping are
required by the master plan and a significant area of the project in the area of El
Camino Real will remain as preserved habitat thereby providing views to open
space areas.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of EIR 98-07, GPA 98-01, MP 149(Q),
MP 98-01, LFMP 10, CT 99-03, HDP 99-01 and SUP 99-01 and is subject to all
conditions contained in the Planning Commission Resolutions for those other approvals.
3. Prior to the issuance of the grading permit or approval of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) El Camino
Real Corridor Special Use Permit by Resolution No. 5018 on the real property owned
by the Developer. Said Notice of Restriction shall note the property description, location
of the file containing complete project details and all conditions of approval as well as
any conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
4. This approval shall become null and void if a final map is not recorded for at least one
phase of the project within 24 months fi-om the date of project approval.
PC RESO NO. 5018 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of September, 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
J&F& N. SEGHL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H&ZMtiLER
Planning Director
PC RESO NO. 5018