The URL can be used to link to this page

Home My WebLink About1997-04-15; City Council; 14147; Appeal Of Planning Commission ApprovalCITY OF CARLSBAD -AGENDA BILL - 113 0 10 AB# iq; ICI? TITLE- GRANTING OF APPEAL OF PLANNING =ISSION’S APPROVAL OF SDP 95-06(A), HDP 95-05(A) DEPT. HD. MTG. 4115197 AND CDP 96-07 CITY ATTY. APPLICANT: EMERALD RIDGE WEST DEPT. CA CASE NO: SDP 95-06(A), HDP 95-05(A) AND CDP 96-07 CITY MGR. %d ; &I a m SDP cis-(0 ____- “” __.“. ,....“.. -.. . _. RECOMMENDED ACTION: Adopt Resolution No. 9% r/So granting the appeal on the limited issue of the size of the second dwelling units and approving the project in other respects as set forth in SDP 9506(A), HDP 95-05(A) AND CDP 96-07. ITEM EXPLANATION: At its meeting of April 8, 1997, the Council granted (3-2) appellants appeal on the limited issue of the size of the second dwelling units and upheld the project in other respects. The Council directed the City Attorney to prepare documents implementing this decision. Those documents are attached. The Council should satisfy itself that the findings and conditions accurately reflect its intentions. FISCAL IMPACT: Other than expenditure of staff time, there is no fiscal impact from this decision. EXHIBITS: 1. Resolution No. ??- 450 1 2 3 4 5 6 7 6 9 10 11 16 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING APPELLANT’S APPEAL ON THE LIMITED ISSUE OF THE SIZE OF THE SECOND DWELLING UNITS AND OTHERWISE UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF SDP 95-05(A), HDP 95-06(A) AND CDP 96-07. APPLICANT: EMERALD RIDGE WEST CASE NO. SDP 95-05(A). HDP 95-06(A) & CDP 96-07 WHEREAS, a verified application for a tentative map for certain property to wit: All that certain parcel of land delineated and designated as “Description No. 1, 103.91 acres” on record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot “G” of Ranch0 Agua Hedionda, according to map thereof No. 823, filed in the Ofice of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California, also described as Parcel 2 in that certain certificate of compliance recorded June 27, 1996 as File No. 1996-0232496 of official records, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on February 5, 1997 hold a duly noticed public hearing as prescribed by law to consider said application for Site Development Plan Amendment (SDP 95-06(A)), Hillside Development Permit Amendment (HDP 95-06(A)) and ; and Coastal Development Permit (CDP 96-07); and WHEREAS, the Planning Commission did on February 5, 1997, after hearing and considering all the evidence and testimony of all people desiring to be heard adopted Resolution Nos. 4051, 4052 and 4053 approving Site Development Plan -L -.--“” - ^ 1 - ____,* -. ._.. _.__, -, . ..A_ . , 1 i 9 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 Amendment (SDP 95-06(A)), Hillside Development Permit Amendment (HDP 95-06(A)) and ; and Coastal Development Permit (CDP 96-07); and WHEREAS, the Housing Commission did on February 13, 1997 hold a duly noticed public hearing as prescribed by law to consider Affordable Housing Project AHP 97-002 and approved Housing Commission Resolution No. 97-002 denying ADP 97-002; and WHEREAS, the appellant timely appealed the decision of the Planning Commission February 18, 1997; and WHEREAS, on April 8, 1997, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at which time the Council considered all arguments and evidence concerning the appeal; and WHEREAS, at said public hearing after consideration’of all the evidence, testimony, arguments of those persons present and desiring to be heard, the City Council granted the appeal of appellant on the limited issue of the size of the second dwelling units and otherwise approved the project as modified, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the foregoing recitations are true and correct. 2. That the appeal of appellant on the limited issue of the size of the second dwelling units is granted. The City Council previously approved a site development plan for the project and relied on the conceptual approval that the second dwelling units would be approximately 640 square feet and contain one or two bedrooms. 2 , 1 2 2 4 c * 6 7 6 9 10 11 12 9 g mwo, 227 5:: 8 13 18 19 20 21 22 23 24 25 26 27 28 The proposed efficiency second dwelling units of 439 square feet in size are denied. The City Council finds that it relied on the previous approvals where a site development plan with conceptual second dwelling units of approximately 640 square feet containing one or two bedrooms implemented the vision, goals and values contained in Chapter 21.85 as inclusionary units under its Affordable Housing Ordinance and the plans and programs set forth in its General Plan. It further finds that second dwelling units without a bedroom of the proposed efficiency size do not, in this case, accomplish those goals as well as the original proposal previously reviewed and approved by the City Council. The Council further finds that the evidence presented by appellant and adduced before the Housing Commission indicates by a preponderance of the evidence that the appeal on this issue should be granted. 3. That except as modified herein, the decision of the Planning Commission approving Site Development Plan Amendment (SDP 95-06(A)), Hillside Development Permit Amendment (HDP 95-06(A)) is affirmed, and the findings and conditions of Planning Commission Resolution Nos. 4051, 4052 and 4053 on file with the City Clerk and made a part-hereof, constitute the findings and decision of the City Council. 4. That the second dwelling units are required to be modified to substantially conform to the City Council’s previous approval and the units are required to be resized to comport with the conceptual approvals as shown on Exhibit “H” dated January 17, 1996 to SDP 95-06 on file in the Planning Department and as illustrated on --- -_ , 1 2 I 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 Exhibits “A-l” through “A-4” and the Planning Director is authorized to approve the detailed size and architecture consistent with this conceptual approval. 5. That appellants appeals fees are refunded. 6. This action is final upon the date this resolution is adopted by the City Council. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by, the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” I//! Ill/ /l/l I!// //I/ /Ill //I/ \ . 1 ; I 4 E PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of April 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin and Hall NOES: None 7 ABSENT: 6 9 Al-l-EST: 10 11 - ALETHA L. RAUfENKRANZ, City Clerd 12 $ 8 mwo, yr-7 %B 3 13 OWgj 283, 14 ;g+z a"09 15 $;Ss 8yy0 16 aaad 05s F a$$2 g-g l7 G 18 19 20 21 22 23 24 25 26 27 28 . . s.3 ’ + ma&u- ‘. . . .-\-., . . .- . ..- -, . . _.” yur’ . . ._._.. . .-- . EXHIBIT "A-l" I I i I I : I I I i I i * I +i 4 %&ii . 1 ; L i t I ----I i I I I i I I 1 ?-B-D-- J I I I I . . EXHIBIT "A-3" ‘3 :- .‘-..Fy ,*,, 0 B i I -1 ;. :. :. . . . .*. - ______ -- . . - . . P :----I - ii & * r . . - *. t. . t . s ~rJs!MI i& . I I :! .’ ‘t -* :.. I ,A= 1 I I I EXHIBIT "A-4" m 14 '97 B4:lBPll WILSOJ ENGINZERING . P.1 ladwia Design @soup, ina. Faxlnittal TOTAL NO. OF SmTS (OMXAJDINC3 THIS COVER fMEE!T): 4 . 703 Pahcar &park f?tmd + Suka 300 + C~rlsbcad, StalVomha 9wo9 (619) 438-3188 Fcu (419) 43Ml73 fJ’5@3w+J~~D By CDctAkr& LJll-I4 J;7Eti who -- ~~6u,m~~ P&W OF THE &a-QRD- n/\@&rJ, og +h 7. A-1BFR 14 '57 B4:BlPtl WILSotJ ENGINEERIIJC~ 919 792 A933 ‘. * . 1 jg@a?A~CALCUlAti. 3 . I FlmRAFm . . eaw, aARAmz 81(1 LF. -- I PNMANY DwetLMo lJNm ’ mam AMA oAwlnATloN8 pvurrm. lbbQB8.F‘ emQmm wuvrno-. ‘-4is#- . . iz%t, l4Tmw,oacK , amw. 100 SF. I -I 1. FLOOR AreA ONLY. I 1. -- 1 P.2 P-2 . . RECEIVED APR 1 0 897 LADWI 0 DES 1 OW BR P.4 p-3 -r -I- t I I I I -I- + I ;’ II? I I --I . 4-'%F%~ '~=%i%lF'N~~~*~Ii~~cTs 615 7B2 - . . . - P.3 ye4 A 7 cl’mw - I=- Jf April l&l997 Mr. Michael J. Schlehuber 2809 Atadero Court Carlsbad, CA 92009 Re: Appeal - Emerald Ridge West - SDP 95-6(A), HDP 95-5(A) and CDP 96-7 The Carlsbad City Council, at its meeting of April 15, 1997, adopted Resolution No. 97-450, granting the appeal of the Planning Commission’s approval on a limited issue of the size of the second dwelling units. As a courtesy, enclosed is a copy of Carlsbad City Council Resolution No. 97-450, for your tiles. Assistant City Clerks KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 April 18,1997 UDC Homes, Inc. 438 Camino De1 Rio South Suite 112-B San Diego, CA 92108 Re: Appeal - Emerald Ridge West - SDP 95-6(A), HDP 95-5(A) and CDP 96-7 The Carlsbad City Council, at its meeting of April 15, 1997, adopted Resolution No. 97-450, granting the appeal of the Planning Commission’s approval on a limited issue of the size of the second dwelling units. As a courtesy, enclosed is a copy of Callsbad City Council Resolution No. 97-450, for your files. Assistant City Clerkw KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808