HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52081
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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;
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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-
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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.
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PC RES0 NO. 5208 -3-
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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-