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HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61331 PLANNING COMMISSION RESOLUTION NO. 6133 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO ALLOW FOR THE 4 CONSTRUCTION OF A COMMON RECREATIONAL 5 VEHICLE STORAGE AREA WITHIN NEIGHBORHOOD 1.3 OF THE GREENS IN THE VILLAGES OF LA COSTA 6 MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF CAMINO VIDA ROBLE AND EAST OF EL 7 CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 10. 8 CASE NAME: VLC GREENS RV STORAGE SITE 9 CASE NO: SUP 05-02 10 WHEREAS, Morrow Development, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management 12 Company, "Owner," described as 13 A portion of Lot 3 of Carlsbad Tract No. 99-03 La Costa 14 Greens, in the City of Carlsbad, County of San Diego, State of .. California, according to Map No. 14543, filed in the Office of the County Recorder of San Diego County, February 12, 2003 16 ('the Property"); and 17 WHEREAS, said verified application constitutes a request for a Scenic Corridor18 ^9 Special Use Permit as shown on Exhibits "A" - "H" dated July 19,2006, on file in the Planning 20 Department VLC GREENS RV STORAGE SITE - SUP 05-02, as provided by Chapter 21.40 21 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did on the 19th day of July 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony £**) 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Scenic Corridor Special Use Permit; 28 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. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES VLC GREENS RV STORAGE SITE - SUP 05-02, based on the following findings and subject to the following conditions: 4 5 Findings; 6 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the project is consistent with the El Camino Real Corridor Development Standards. 7 The project is located over 110 feet from the future El Camino Real right-of-way and the natural topography adjacent to the roadway will not be disturbed. Dense landscaping will be provided around the RV storage site to screen views from El 9 Camino Real towards the facility. 10 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 policies of the City of Carlsbad. 12 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 13 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 14 degree of the exaction is in rough proportionality to the impact caused by the project. 15 Conditions: Staff is authorized and directed to make, or require Developer to make, all corrections 17 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 1 g shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 19 2. This approval is granted subject to the approval of MP 98-01(F), CUP 05-03 and PUD 06-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6130, 6131, and 6132 for those other approvals and subject to the City Engineer's approval of Minor Subdivision MS 05-05 and all conditions 22 contained in that approval. 23 24 25 26 27 28 PCRESONO. 6133 -2- 1 NOTICE 2 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 A "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on the 19th day of July, 2006 by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 21 ABSTAIN:, 22 23 MARfBCL B. MONTJOMERY^fairperson CARLSBAD PLANNfrJG COMMISSION24 25 26 27 DONNEU Assistant Planning Director PCRESONO. 6133 -3-