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HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56691 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. 5669 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A 56 UNIT AFFORDABLE APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EL CAMINO REAL AND CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: CARLSBAD FAMILY HOUSING CASE NO: SUP 02-09 WHEREAS, Carlsbad Family Housing Partners, a California Limited Liability Partnership, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Anthony and Dicky Bons, “Owner,” described as A portion of fractional northeast quarter of southwest quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibits “A” - W” dated July 7, 2004, on file in the Planning Department CARLSBAD FAMILY HOUSING - SUP 02-09, as provided by Chapter 2 1.40 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of July 2004, 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: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission 02-09, based on the following findings and subject to the following condition: RECOMMENDS APPROVAL of CARLSBAD FAMILY HOUSING - SUP Findings: 1. That the project conforms to the intent of the Scenic Preservation Overlay Zone through compliance with applicable El Camino Real Corridor Development Standards for Area 5 except for necessary deviations to setback and wall location standards. 2. That the deviation to the setback standard is necessary because it is infeasible for the proposed project. Due to high fuel species that occupy permanent open space surrounding the project, 60’ wide fire suppression zones are required between structures and rear and side property lines, which results in side and rear setbacks that are six times greater than the 5’ - 10’ required by the RD-M zone. These additional setback widths significantly reduce the developable area of the property; therefore, the 8’ reduction in the front setback is necessary to enable a site design that incorporates recreational amenities and conforms to City development and design standards. 3. That the deviation to the wall location standard is necessary within the reduced front setback because the noise attenuation wall is proposed to ensure that at-grade noise levels are reduced to the greatest extent possible. Placement of a sound attenuation wall within the reduced setback will not reduce the scenic quality of the ECR corridor in that within the approximately 1,300’ between Poinsettia Lane and Cassia Road, the proposed project would occupy only 295’. The remaining 1000’ of ECR frontage to the south of the proposed development is encumbered by a conservation easement due to biological constraints. Therefore, the proposed deviations would not eliminate views to the east along the ECR corridor or result in continuous development too close to the right-of-way. The wall does not interfere with required sight distance and will not have an adverse impact on traffic safety. The meandering wall design that consists of split face block with pilasters and cap along with dense landscape screening will maintain and enhance the appearance of the El Camino Real roadway. 4. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING ADOPTION of the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and PC RES0 NO. 5669 -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 d. based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment Conditions: 1. This approval is granted subject to the approval of GPA 02-05, ZC 02-06, and SDP 02- 13 and is subject to all conditions contained in Resolutions No. 5666,5667, and 5668. 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. ... ... ... ... ... ... ... ... PC RES0 NO. 5669 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2: 2: 2r 21 2( 2' 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of July 2004 by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, and Montgomery NOES: None ABSENT: Commissioner Segall ABSTAIN: None jffRANK H. WHITTON, Chairpas>- CARLSBAD PLANNING COMMISSION ATTEST: \ MICHAEL J. HOL~%IILL& Planning Director PC RES0 NO. 5669 -4-