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HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5208 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EL CAMINO REAL CORRIDOR SPECIAL USE PERMIT FOR GRADING AND SUBDIVISION OF PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH CASE NO: SUP 99-03 WHEREAS, Lennar Bressi Ranch Venture, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel “A” of Boundary Adjustment 543, Document No. 1999- 0085753 on file in the Office of the San Diego County Recorder, February 11, 1999; and, Parcel “B” of Boundary Adjustment 543, Document No. 1999-0085753 on file in the Office of the San Diego County Recorder, February 11,1999, (“the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibit@) “A” - ccHHn dated June 5, 2002, on file in the Planning Department BRESSI RANCH - SUP 99-03, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and WHEREAS, The intent and purpose of the El Camino Real Corridor Development Standards (ECRCDS) is to maintain and enhance the appearance of the El Camino Real roadway area; and WHEREAS, the Planning Commission did on the 5th day of June, 2002 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH - SUP 99-03, based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. 4. 5. 6. 7. That the project was designed with an emphasis on preserving a relationship with the natural topography adjacent to the roadway which is typically lower than the roadway and allow minimal cut or fill that does not detract from the existing identified characteristics. The project complies with the height standard of the El Camino Real Corridor since no buildings are proposed at this time. That a 5tbfoot landscape setback has been established on the Bressi Ranch tentative map and in the Bressi Ranch Master Plan along El Camino Real which is greater than what is required by the El Camino Real Corridor Development Standards. A deviation to the El Camino Real Corridor Standards regarding a maximum fifteen foot cut or fill is acceptable in that compliance is infeasible. Complying with the 15 foot limitation prohibits the ability to create a pad large enough to accommodate reasonable industrial development on Lot 2. A deviation to the fifteen foot standard is acceptable in that the scenic qualities of the corridor will continue to be maintained since pad elevations on Lot 2 will be below that of the roadway. A deviation to the fifteen foot standard is acceptable in that the deviation will not cause an adverse impact on traffic safety since streets have been located at locations which meet City intersection spacing requirements and will not be affected by adjacent grading. A deviation to the fifteen foot standard is acceptable in that the project meets the intent of the corridor standards which is to manage and minimize negative visual impacts of future development by proposing lots below street grade and effectively reducing the visibility of future building. Conditions: 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 shall occur substantially as shown in the approved Exhibits. Any proposed development different fkom this approval, shall require an amendment to this approval. PC RES0 NO. 5208 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Approval of SUP 99-03 is subject to the certification of EIR 98-04 and the approval of MP 178 and CT 00-06. 3. This approval shall become null and void if grading permits are not issued for this Special Use Permit within 24 months fiom the date of the Bressi Ranch Master Plan approval. 4. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Special Use Permit by Resolution No. 5208 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest 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 fiom 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 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. ... ... ... PC RES0 NO. 5208 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of June, 2002 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ASTAIN: None - c-L . SEENA TFUGAS, Chai&son CARLSBAD PLANNING COMMISSION ATTEST: A PC RES0 NO. 5208 -4-