HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 59111
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PLANNING COMMISSION RESOLUTION NO. 5911
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIAy RECOMMENDING
DENIAL OF SPECIFIC PLAN AMENDMENT NO. SP 31(B) TO
ALLOW GENERAL VEHICULAR EGRESS FROM LAYANG
LAYANG CIRCLE TO HARBOR DRIVE ON PROPERTY
GENERALLY LOCATED EAST OF THE SOUTH END OF
HARBOR DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: WINDSONG COVE
CASE NO.:
WHEREAS, the Windsong Cove Homeowners Association,
“Applicant/Owner,’y has filed a verified application with the City of Carlsbad regarding property
described as
SP 3 1 (B)
A portion of Lot 2 of Carlsbad Tract 74-22 according to Map
thereof No. 8107 filed in the Office of the County Recorder,
County of San Diego, May 1,1975
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Specific Plan
amendment as shown on Exhibit “A” dated December 7,2005, on file in the Carlsbad Planning
Department, WINDSONG COVE - SP 31Q3) as provided by SP 31 and Government Code
Section 65.453 and Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of December 2005,
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 Specific Plan amendment; and
WHEREAS, on September 11, 1974, the City Council approved SP 31(A), as
described and conditioned in City Council Resolution Ordinance No. 9401.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS DENIAL of WINDSONG COVE - SP 31(B) based on the
following findings and subject to the following conditions:
FindinPs :
1. The proposed amendment to Specific Plan (SP 31A) is not consistent with the provisions
of the General Plan (Land Use Element Residential Objective B.2) regarding the
preservation of the character of existing neighborhoods in that the addition of
general vehicular egress to Harbor Drive will provide street access to the residents
of the Ocean Pointe and Windsong Cove residential condominium developments
that will in turn increase average daily traffic on what has been a cul-de-sac since it
was constructed.
2. The proposed amendment to Specific Plan 31(A) would be detrimental to the interest
of the residents of Harbor Drive in that although Harbor Drive is designed and
constructed to accommodate the additional 544 Average Daily Trips anticipated to
use Harbor Drive (total of 704 ADT; 160 ADT existing and the additional 544 ADT)
with the addition of an egress only point of access from Windsong Cove via Layang
Layang Circle, the additional trips have not been anticipated by the residents of
Harbor Drive since Harbor Drive is a cul-de-sac and was not originally designed to
accommodate through traffic .
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 RES0 NO. 591 1 -2-
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C
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
mmission of the City of Carlsbad, California, held on the 7th day of December 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: Li22i2- JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: -
DON NEU
Assistant Planning Director
PC RES0 NO. 591 1 -3-