HomeMy WebLinkAbout2003-11-05; Planning Commission; Resolution 55011
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PLANNING COMMISSION RESOLUTION NO. 5501
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
AMENDMENT TO THE BRESSI RANCH MASTER PLAN OF
WHICH BOUNDARIES ARE GENERALLY LOCATED SOUTH
OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO
REAL, WEST OF THE FUTURE EXTENSION OF EL FUERTE
STREET AND NORTH OF THE FUTURE EXTENSION OF
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 17.
CASE NAME:
CASE NO.: MP 178(B)
BRESSI RANCH ESTATE RESIDENTIAL
WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as:
Lots 1 through 22 of Carlsbad Tract No. 00-06 in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 14600 filed in the office of the County
Recorder of San Diego County May 29,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Minor Master
Plan Amendment as shown on Exhibit MP 178(B) dated November 5,2003 attached hereto, and
on file in the Carlsbad Planning Department BRESSI RANCH MASTER PLAN - MP 178(B)
as provided by MP 178 and Chapter 21.38 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of November, 2003,
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of persons desiring to be heard, said Commission
considered all factors relating to the Master Plan Amendment; and
WHEREAS, on July 9, 2002, the City Council approved MP 178, as described
and conditioned in Planning Commission Resolution No. 5204 and City Council Ordinance No.
NS-635; and
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WHEREAS, on September 17, 2003, the Planning Commission approved MP
178(. J, as described and conditioned in Planning Commission Resolution No. 5460; and
WHEREAS, the addition of street design sections for private streets shall be
authorized by a Minor Master Plan Amendment as specified in Chapter VI section G of the
Bressi Ranch Master Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH RESIDENTIAL - MP 178(B), based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
The Planning Commission finds that the Minor Master Plan Amendment is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated November 5,2003 since the amendment adds two private street
design sections to the Master Plan which will have no impact on the Master Plan’s
consistency with its Residential Low Medium (RLM) General Plan designation or
conflict with the Circulation Element of the General Plan.
That the amendment is consistent with Chapter VI, Section G of the Bressi Ranch
Master Plan in that the addition of two private street design sections for estate lot
private streets does not change the densities of any Planning Area, does not change
boundaries of any Planning Area, or involve the addition of a new use or group of
uses not shown in the original Master Plan.
The Planning Director has determined that:
a. the project is a subsequent activity of Bressi Ranch Master Plan for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier and that the program EIR adequately describes the activity for the purpose
of CEQA; [15168(c)(2) and (e)];
b. this project is consistent with the Master Plan cited above;
c. EIR 98-04 was certified in connection with the prior Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR;
PC RES0 NO. 5501 -2-
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e.
f.
none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 12 or 15 163 exist; and
all mitigation measures contained on the adopted Mitigation Monitoring and
Reporting Program from EIR 98-04 applicable to the proposed Planning Area
projects have been completed, incorporated into the project design or are required
as conditions of approval for the project.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Master Plan document(s) necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on 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 CT 02-19 and PUD 03-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 5462 and
5500 for those other approvals incorporated herein by reference.
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 feedexactions. 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 feedexactions
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 feedexactions 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 RES0 NO. 5501 -3-
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Commissi
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
of the City of Carlsbad, California, held on the 5th day of November 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
R, Chairperson
AD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5501 -4-
Cross Sections 14 and 15
These cross sections are specific to Planning Area 11 that may be developed with private
streets because lots will be larger and fewer homes will be served by each street.
In order to create an estate lot streetscape, streets may be developed with five to seven
foot wide decomposed granite trails adjacent to a 24 foot wide travelway. Two right-of-
way widths are allowed. A 36 foot right-of-way allows for parking on one side of the
street and a 38 foot right-of-way allows for parking on two sides of the street.
The private streets will be owned and maintained by the Planning Area 11 Homeowner’s
Association but shall remain open for access to the general public by a recorded General
Utilities and Access Easement in favor of the City of Carlsbad.
(This language shall be inserted on Page IV-19 of the Bressi Ranch Master Plan)
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