HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4651I 0 0
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I1 PLANNING COMMISSION RESOLUTION NO. 4651
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
UNIT DEVELOPMENT PERMIT PUD 98-08 TO ALLOW THE
DEVELOPMENT OF FIVE RESIDENTIAL LOTS, THREE OPEN
SPACE LOTS, AND ONE PRIVATE STREET LOT TO
ON PROPERTY GENERALLY LOCATED NORTH OF LA
COSTA AVENUE AND EAST OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA GREENS
CASE NO.: PUD 98-08
ACCOMMODATE FIVE DETACHED SINGLE-FAMILY HOMES
WHEREAS, Legacy Development, a California Limited Liability CI
“De~eloper’~/“Owner’~, has filed a verified application with the City of Carlsbad I
I2 I1 property described as
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Lots 9 and 10 of La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 6708, filed in the Office of the County Recorder of
San Diego County, August 10,1970
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Planning Department, LA COSTA GREENS, PUD 98-08 as provided by Chapter 21. l9
Development Permit as shown on Exhibit(s) “A” - “D” dated November 3, 1999, on f 18
WHEREAS, said verified application constitutes a request for a Plan
(“the Property”); and
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of Noveml:
and on the 17th day of November, 1999, hold a duly noticed public hearing as prescribt
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WHEREAS, at said public hearing, upon hearing and considering all t 25
to consider said request; and
and arguments, if any, of persons desiring to be heard, said Commission considered a 26
27 11 relating to the Planned Unit Development Permit.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES LA COSTA GREENS, PUD 98-08, based on the f
findings and subject to the following conditions:
Findinps:
1. That the granting of this permit will not adversely affect and will be consistent
Municipal Code, the General Plan, applicable specific plans, master plans,
adopted plans of the City and other governmental agencies, in that the proposec
complies with the requirements of the RD-M zone and all applicable deve
standards and design criteria of the Planned Development Ordinance and
property is designated for residential development.
2. That the proposed use at the particular location is necessary and desirable to I
service or facility which will contribute to the long-term general well-bein
neighborhood and the community, in that the project provides residential
which is compatible with the surrounding residential and open space develo]
3. That such use will not be detrimental to the health, safety, or general welfare o
residing or working in the vicinity, or injurious to property or improvemen
vicinity, in that development of the property will not affect the adjacent pro€
a negative manner. The encroachment into the flood plain with fill ma
elevate the proposed development out of the flood plain will not significantl:
the limits of inundation, create erosive velocities, or result in any apI
increase in the water surface elevation. The project is conditioned to confo:
design and development standards required by the Carlsbad Municipal Cod
4. That the proposed Planned Development meets all of the minimum devl
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 2
and has been designed in accordance with the concepts contained in tht
Guidelines Manual, in that no deviations or modifications from the deve
standards of Chapter 21.45 are proposed. The project does not impact t
slopes, is developed with a step design, and incorporates enhanced p
treatments. The project provides the required recreational open space a1
guest parking spaces, and adequate circulation by providing a private c1
street.
5. That the proposed project is designed to be sensitive to and blend in with th
topography of the site, and maintains and enhances significant natural resourcc
site, in that the project is preserving the steep manufactured slope and devell
the lower portion of the site which has a more shallow slope. The developr:
preserve views from the La Costa roadway by developing on the lower pc
the site.
6. That the proposed project’s design and density of the developed portion of tl
compatible with surrounding development and does not create a disharmo
disruptive element to the neighborhood, in that the adjacent property is develo.
11 PC RES0 NO. 4651 -2-
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multifamily residential homes and the project is preserving the northern p
the site in open space.
7. That the project’s circulation system is designed to be efficient and well integr
the project and does not dominate the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied
approval of a final map.
1. If any of the following conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
hture building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti:
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s apI
this Planned Unit Development.
2. Staff is authorized and directed to make, or require the Developer to make, all co
and modifications to the Planned Unit Development documents, as necessary
them internally consistent and in conformity with the final action on the
Development shall occur substantially as shown on the approved Exhibits. Any I:
development different from this approval, shall require an amendment to this appI
3. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the 1
of any fees in-lieu thereof, imposed by this approval or imposed by law on this
are challenged, this approval shall be suspended as provided in Government Code
66020. If any such condition is determined to be invalid this approval shall be
unless the City Council determines that the project without the condition compl
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, def
hold harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, from and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Planned Unit Develc
(b) City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a1
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emission
facility of electromagnetic fields or other energy waves or emissions.
11 PC RES0 NO. 4651 -3-
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6. This approval is granted subject to the approval of CT 98-23, SUP 98-10 and
25 and is subject to all conditions contained in Planning Commission Resolu
4650,4652,4653 for those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Codc
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure I
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any fees/exactions of whch you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 465 1 -4-
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1 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 11 Commission of the City of Carlsbad, California, held on the 17th day of November,
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4 II the following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, L’Heure
NOES:
Nielsen, Segall, Trigas, and Welshons
7 11 ABSENT:
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v
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ABSTAIN:
COURTNEY E.
CARLSBAD PLANNING COMMISSION
11 PC RES0 NO. 4651 -5-