HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56691
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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.
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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-
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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.
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PC RES0 NO. 5669 -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 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-