HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 46570 0
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PLANNING COMMISSION RESOLUTION NO. 4657
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE
YEAR EXTENSION FOR A TENTATIVE MAP AND
RELATED PLANNING PERMITS.
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: CT 96-04
WHEREAS Keystone La Costa LLC, “Developer”/”Owner”, has filed a verif
application with the City of Carlsbad regarding property described as:
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of
the County Recorder of said County
(“the Property”); and
WHEREAS, on September 2, 1999, the City Council adopted City Cour
Resolution No. 97-595, recommending approval of the tentative map for a 29 par
subdivision map, known as CT 96-04; and
WHEREAS, the City Council approved this 29 parcel subdivision
conjunction with the approval of permits PUD 71 (B), HDP 96-04, and SDP 96-07; and
WHEREAS, the tentative map would have expired on September 2, 1999, if 1
extended. Consequently, the applicant for the tentative map, Keystone La Costa LLC, 1
made a timely request for an extension of time to process toward a final map; and
WHEREAS, the project (tentative map) was reviewed for conformance with
current General Plan, Title 21, other City ordinances and policies; and
WHEREAS, the Planning Commission did, on the 20th day of October, 19
hold a duly noticed public hearing to consider all factors, testimony and arguments, if any, oi
persons desiring to be heard.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannj
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 Plann:
Commission APPROVES the request for an extension of time for the tentat
tract map for Carlsbad Tract No. 96-04 for a period of one year frc
September 2, 1999 to September 2, 2000, subject to all the original 2
additional conditions of approval; based on the following findings.
Findinps:
1. That the design and improvements of the subdivision are consistent with the Gene
Plan, Titles 20 and 21 (CMC), other City ordinances and policies as conditioned.
2. That the subdivider is diligently pursuing those actions required to obtain a final map.
3. That the related planning permits remain consistent with current plans, policies and lav
4. That the Planning Commission has reviewed each of the exaction’s imposed on
Developer contained in this resolution, and hereby finds, in this case, that the exactio
are imposed to mitigate impacts caused by or reasonably related to the project, and
extent and the degree of the exaction is in rough proportionality to the impact caused
the project.
Conditions:
1. All previous conditions of City Council Resolution No. 97-595 remain in effect VI
the addition of the following new conditions:
A. Developer shall pay its fair share for the “short term improvements” to the
Camino RealPalomar Airport Road intersection prior to building permit. I
amount shall be determined by the methodology ultimately selected by Coun
including, but not limited to, increase in the city wide TIF; and increased or r
Zone 23 LFMP fee; creation of a fee or assessment district, incorporation in1
Mello-Roos taxing district.
B. The Developer shall establish a homeowner’s association and correspond
covenants, conditions and restrictions. Said CC&Rs shall be submitted to
approved by the Planning Director prior to final map approval. Prior to issua
of a building permit the Developer shall provide the Planning Department wil
recorded copy of the official CC&Rs that have been approved by the Departn
of Real Estate and the Planning Director. At a minimum, the CC&Rs s
contain the following provisions:
I RESO No 4657
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C. General Enforcement bv the City. The City shall have the right, but not
obligation, to enforce those Protective Covenants set forth in this Declaration
favor of, or in which the City has an interest.
D. Notice and Amendment. A copy of any proposed amendment shall be provided
the City in advance. If the proposed amendment affects the City, City shall h:
the right to disapprove. A copy of the final approved amendment shall
transmitted to City within 30 days for the official record.
E. Failure of Association to Maintain Common Area Lots and Easements. In
event that the Association fails to maintain the “Common Area Lots and/or
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necess
maintenance. If the City elects to perform such maintenance, the City shall g
written notice to the Association, with a copy thereof to the Owners in the Projc
setting forth with particularity the maintenance which the City finds to be requi
and requesting the same be carried out by the Association within a period of thj
(30) days from the giving of such notice. In the event that the Association fails
carry out such maintenance of the Common Area Lots and/or Associatio
Easements within the period specified by the City’s notice, the City shall
entitled to cause such work to be completed and shall be entitled
reimbursement with respect thereto from the Owners as provided herein.
F. Special Assessments Levied by the City. In the event the City has performed
necessary maintenance to either Common Area Lots and/or Associatio
Easements, the City shall submit a written invoice to the Association for all cc
incurred by the City to perform such maintenance of the Common Area Lots :
or Association’s Easements. The City shall provide a copy of such invoice
each Owner in the Project, together with a statement that if the Association fail:
pay such invoice in full within the time specified, the City will pursue collect
against the Owners in the Project pursuant to the provisions of this Section. S
invoice shall be due and payable by the Association within twenty (20) days
receipt by the Association. If the Association shall fail to pay such invoice in
within the period specified, payment shall be deemed delinquent and shall
subject to a late charge in an amount equal to six percent (6%) of the amoun’
the invoice. Thereafter the City may pursue collection from the Association
means of any remedies available at law or in equity. Without limiting
generality of the foregoing, in addition to all other rights and remedies avail2
to the City, the City may levy a special assessment against the Owners of each
in the Project for an equal prorata share of the invoice, plus the late charge. S
special assessment shall constitute a charge on the land and shall be a continu
lien upon each Lot against which the special assessment is levied. Each Owne
the Project hereby vests the City with the right and power to levy such spe
assessment, to impose a lien upon their respective Lot and to bring all le
actions and/or to pursue lien foreclosure procedures against any Owner
hidher respective Lot for purposes of collecting such special assessment
accordance with the procedures set forth in Article of this Declaration
RES0 NO 4657 -3-
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G. Prior to the issuance of a Building Permit, the Developer shall provide proof
the Planning Director from the San Marcos Unified School District that t
project has satisfied its obligation to provide school facilities.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi7
a NOTICE similar to this, or as to which the statute of limitations has previously othem
expired.
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RES0 NO 4657 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
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following vote, to wit: 3
Commission of the City of Carlsbad, California, held on the 20th day of October, 1999, by 1
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AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, and Trigas
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ABSENT: Commissioner Welshons 7
NOES:
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ABSTAIN:
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12 COURTNEY E. *MAN, Chairperson
CARLSBAD PLANNING COMMISSION 13
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ATTEST:
MICHAEL J. MLZMKLER
Planning Director
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