HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50981
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PLANNING COMMISSION RESOLUTION NO. 5098
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: TIBURON
CASE NO: v 01-05
WHEREAS, Continental Residential, Inc., as both “Owner” and “Developer,”
has filed a verified application with the City of Carlsbad regarding property described as:
Lots 182 through 255 inclusive of the City of Carlsbad Tract
No. 90-3, Shelley Property, Unit No. 4, according to map thereof No. 14196, tiled April 25, 2001, in the Office of the
County Recorder of San Diego County, in the City of Carlsbad,
County of San Diego, State of California.
(“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) “A“ - “U” dated November 7, 2001, on file in the Carlsbad Planning
Department, TIBURON - V 01-05 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
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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 TIBURON - V 01-05 based on the following findings
and subject to the following conditions:
Findings:
1.
2.
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.
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 “ten 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 some of the draft replacement
architectural standards in that other than volume ceilings at entries, all proposed homes have a single story element along the front; no home is proposed with a
three-in-a-row car garage; and 75 percent of the homes are proposed with visible
front doors; 15 percent of the homes are single story; more than 20 percent of the
homes have a single story edge.
3. 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.
4. 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.
PC RESO NO. 5098 -2-
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5. 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.
6. 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 3.32030. 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.
. . .
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PC RESO NO. 5098 -3-
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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
following vote, to wit:
AYES: Chairperson Segall, Commissioners Compas, Heineman, and
Trigas
NOES: Commissioners Dominguez and Nielsen
ABSENT: Commissioner Baker
ABSTAIN:
ATTEST:
MICHAEL JXOLZMLLER
Planning Director
PC RESO NO. 5098 -4-