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Home My WebLink About2001-11-07; Planning Commission; Resolution 50971 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. 5097 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO ALLOW THE SEPARATION BETWEEN TWO-STORY UNITS TO BE LESS THAN 20 FEET AND THE SEPARATION BETWEEN TWO-STORY AND SINGLE STORY UNITS TO BE LESS THAN 15 FEET WHEN THERE ARE MORE THAN 10 UNITS IN A ROW ON A SINGLE STREET ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: ARROYO VISTA CASE NO: v 01-04 WHEREAS, Continental Residential, Inc., as both “Owner” and “Developer,” has filed a verified application with the City of Carlsbad regarding property described as: A portion of Lots 13 and 14 of the Subdivision of Ranch0 Las Encinitas, aii in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 848, tiled in the Offrce of the County Recorder of San Diego County. (“the Property”); and WHEREAS, said application constitutes a request to provide separation between two-story buildings when there are more than ten in a row on a single street of less than 20 feet and separation between single story and two-story buildings when there are more than ten in a row on a single street of less than 15 feet; and WHEREAS, said verified application constitutes a request for a Variance as shown on Exhibit(s) “Al“ - ‘A75” dated October 17, 2001, on file in the Carlsbad Planning Department, ARROYO VISTA - V 01-04 provided by Chapter 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of November, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 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, 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 Variance. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES ARROYO VISTA - V 01-04 based on the following findings and subject to the following conditions: Findings: 1. That special circumstances apply to the subject property in that the site’s natural topography dictates a subdivision design which includes longer streets which run parallel to the hillside contours versus perpendicular to the hillside contours; reducing the overall development area by reducing lot sizes to a minimum 7,500 square feet versus 10,000 square feet was preferred because of the hillside terrain; the proposed building separation is consistent with the R-l standard of side yard setbacks equal to ten percent of the lot width; adjacent subdivisions have been developed with similar street configurations without benefit of 20 foot separation between two-story buildings such that the strict application of the zoning ordinance deprives said property of privileges enjoyed by other property in the vicinity under the R-1-10,000 and PC zoning classifications. 2. That special circumstances apply to the subject property in that the project is not subject to the Small Lot Architectural Guidelines adopted by the City Council in 1997 since small lots are defined as those which are less than 7,500 square feet. However, the project’s buildings have been designed and distributed throughout the subdivision to implement the Guidelines to a great degree in that Plans one and two have entirely single story edges and together constitute more than 20 percent of the project; the remaining Plans three, four, five and six all have single story elements over the front 20 percent of the building; all of the proposed homes have four building planes along the front; more than 66 percent of the proposed homes have an average 8.5 foot side yard facade change; and, no home is proposed with three garage spaces side-by-side, all of which reduces the visual impact of ten or more two-story units in a row on a single street. 3. That special circumstances apply to the subject property since the project is subject to a Planned Development Ordinance which is currently being revised to eliminate the ‘Yen in a row” requirement and replace it with architectural standards which will satisfy the intent of reducing the visual impact of several two-story buildings in a row and that the project complies with many of the draft replacement architectural standards in that more than 20 percent of the proposed homes have a single story building edge; that other than volume ceilings at entries, all proposed PC EESO NO. 5097 -2- 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 homes are single story along the front; no home is proposed with a three-in-a-row car garage; and more than 75 percent of the homes are proposed with visible front doors. 4. That as provided in the foregoing findings the project substantially conforms to the intent of reducing the visual impact of ten or more two-story structures in a row on the same street. 5. That the variance is subject to conditions which will assure that the adjustment(s) thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. 6. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That the granting of such variance will not adversely affect the comprehensive general plan. Conditions: 1. Prior to the issuance of building permits for the production homes, the applicant shall submit and receive approval by the planning department of a site plan which reflects the true location and model of each proposed home for each lot of the subdivision. 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. PC RESO NO. 5097 -3- 10 11 12 13 14 15 16 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of November, 2001, by the 1 following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Heineman, and Trigas NOES: Commissioners Dominguez and Nielsen ABSENT: Commissioner Baker ABSTAIN: JEFFtiN. SEGALL&hairperson CARLSBAD PLANNING COMMISSION ATTEST: PC RESO NO. 5097 -4-