HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60611 PLANNING COMMISSION RESOLUTION NO^6061
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT TO GRADE AND
4 SUBDIVIDE A 14.4 ACRE SITE INTO 2 RESIDENTIAL LOTS
5 FOR 53 CONDOMINIUM UNITS, 1 DRIVEWAY LOT, AND 1
OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED
6 ON THE WEST SIDE OF EL CAMINO REAL AND NORTH OF
DOVE LANE WITHIN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 21.
8 CASE NAME: LA COSTA VILLAGE CENTER TOWNHOMES
9 CASE NO: SUP 04-07
10 WHEREAS, Marker La Costa LLC, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner,"
12 described as
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All that portion of the west half of the northeast Quarter of
Section 26, Township 12 South, Range 4 West, San Bernardino
1 Meridian, in the City of Carlsbad, County of San Diego, State
of California, being more particularly described in certificate
16 of compliance record June 16,1989 as file No. 89-317343
17 ('the Property"); and
18 WHEREAS, said verified application constitutes a request for a Scenic Corridor
19 Special Use Permit as shown on Exhibits "A" - "HHH" dated April 5, 2006, on file in the
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Planning Department, LA COSTA VILLAGE CENTER TOWNHOMES - SUP 04-07, as
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provided by Chapter 21.40 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did on the 5th day of April, 2006 hold a
24 duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Scenic Corridor Special Use Permit.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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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
APPROVES LA COSTA VILLAGE CENTER TOWNHOMES - SUP 04-07,
6 based on the following findings and subject to the following conditions:
7 Findings;
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1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
9 the project is consistent with the El Camino Real Corridor Development Standards
with the exception of the 10-foot maximum cut or fill from original grade. The
10 project is consistent with the applicable 35-foot building height, the 45-foot setback
from El Camino Real, and the landscape requirements, as detailed in the Planning
1 * Commission staff report for SUP 04-07, dated April 5, 2006. The El Camino Real
j2 Corridor Development Standards allows for various deviations from the
development standards if compliance with a particular standard is infeasible for a
13 particular project, if the scenic qualities of the corridor will continue to be
maintained if the standard is not fulfilled, if the project will not have an adverse
14 impact on traffic safety, and if the project is designed so as to meet the intent of the
scenic preservation overlay zone.
16 2. The proposed project implements the goals and objectives of the General Plan in that the
proposed project does not conflict with any existing or proposed land use plans or
17 policies of the City of Carlsbad.
18 Conditions:
19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
20 recordation or issuance of grading permit, whichever occurs first.
21 1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
23 shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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2. This approval is granted subject to the approval of the Mitigated Negative Declaration
25 and Mitigation Monitoring and Reporting Program, GPA 04-10, LCPA 04-09, ZC
04-06, CT 04-08, SDP 04-05, HDP 04-04, CDP 04-17, and CP 04-03 and is subject to
all conditions contained in Planning Commission Resolutions No. 6054, 6055, 6056,
27 6057, 6058, 6060, 6059, 6062, and 6063 for those other approvals incorporated herein by
reference.
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PCRESONO. 6061 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of April, 2006 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
MARTELL B. MONTGMERY, rperson
CARLSBAD PLANNING COMMISSION
ATTEST
istant Planning Director
PCRESONO. 6061 -3-