HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-074RESOLUTION NO. 2004-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING PLANNED UNIT
ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY
OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH
OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF
TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8
CASE NAME: KlRGlS TENTATIVE MAP
DEVELOPMENT PERMIT PUD 02-02 TO SUBDIVIDE 21.9
CASE NO.: PUD 02-02
WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described
as
All that portion of Lot “F” of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on
Partition Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, on November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned
Unit Development Permit as shown on Exhibits “A - “D” dated September 3, 2003, on
file in the Planning Department, KlRGlS TENTATIVE MAP - PUD 02-02 as provided by
Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of September
2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold
duly noticed public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearings, upon hearing and considering all
testimony and arguments, if any, of persons desiring to be heard, said Commission
considered all factors relating to the Planned Unit Development Permit; and
I B
WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of
February, 2004, hold a public hearing to consider the recommendations and heard all
persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD
02-02/CDP 02-05/HDP 02-01,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad as follows:
A.
B.
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, PUD 02-02 is
approved, based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
That the granting of this permit will not adversely affect and will be consistent
with the Municipal Code, the General Plan, applicable specific plans, master
plans, and all adopted plans of the City and other governmental agencies, in that
the project is consistent with the Residential Low density (RL) General Plan
designation as it has a density of less than one dwelling per acre; the project
complies with the development standards and design criteria of the Zoning
Ordinance for detached single family homes.
That the proposed use at the particular location is necessary and desirable to
provide a service or facility which will contribute to the long-term general well-
being of the neighborhood and the community, in that the project site is
designated for single-family units in the General Plan and provides for a diversity
of housing types within the City.
That such use will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity, or injurious to property or
improvements in the vicinity, in that the project design conforms to all design and
development standards applicable to the property and public improvements will
be provided prior to, or concurrent with, the development of the project to meet
all City standards.
That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section
21.45.080, and has been designed in accordance with the concepts contained in
the Design Guidelines Manual, in that the project provides the required recreation
area for each lot; guest parking can be accommodated on each lot throughout
the project, traffic calming and livable street features are proposed, and the street
design does not dominate the project.
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Resolution No. 2004-074 page 2
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5. That the proposed project is designed to be sensitive to and blend in with the
natural topography of the site, and maintains and enhances significant natural
resources on the site, in that the development is confined to 25% of the gross lot
area conforming to the draft Carlsbad habitat management plan standards area
criteria.
6. That the proposed project's design and density of the developed portion of the
site is compatible with surrounding development and does not create a
disharmonious or disruptive element to the neighborhood, in that the proposed
single family residential product type and density are consistent with the General
Plan's single family residential land use to the north.
7. That the project's circulation system is designed to be efficient and well
integrated with the project and does not dominate the project.
Conditions:
Note:
1.
2.
3.
4.
Unless otherwise specified herein, all conditions shall be satisfied prior to final
map.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted; deny or further condition
issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. No vested rights are gained by Developer or
a successor in interest by the City's approval of this Planned Unit Development.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Planned Unit Development documents, as
necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development different from this approval, shall
require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in-lieu thereof, imposed by this approval or imposed by law
on this Project are challenged, this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
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5.
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IO.
Developer/Operator shall and does hereby agree to indemnify, protect, defend
and hold harmless the City of Carlsbad, its Council members, officers,
employees, agents, and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s
approval and issuance of this Planned Unit Development, (b) City’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator‘s
installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
This approval is granted subject to the approval of CT 02-06, CDP 02-05 and
HDP 02-02 and is subject to all conditions contained in City Council Resolutions
No. 2004-068 , 2004-069, and 2004-070 for those approvals incorporated
herein by reference.
This approval shall become null and void if CT 02-06 is not recorded as a final
map.
Prior to issuance of a grading permit, the applicant shall obtain approval from the
Planning Director of the design and location for all perimeter fencing, gates,
decorative hardscape, and landscape.
Prior to the issuance of a building permit for any and/or each individual
residential lot, the applicant shall obtain approval of a Minor Planned Unit
Development Amendment, consistent with the procedures and requirements of
Chapter 21.45 (Planned Development Ordinance), for building locations,
elevations, and floorplans.
In addition to all applicable City of Carlsbad development standards, all
structures on lots 1, 2 and 3 are limited to development as single story. Single
story is defined as a maximum plate-line height of 15 feet and a maximum
building height to the roof ridge of 23 feet. All structures on lots 4 and 5 are
limited to a maximum height to the roof ridge of 30 fee and no more than two
stories as defined in Carlsbad Municipal Code section 21.04.330.
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
Resolution No. 2004-074 page 4
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 2nd day of March 1
2004 by the following vote, to wit:
AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
L(8FiRd INE M. WOOD, City Clerk
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