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HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4748t. % 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4748 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO PLANNED UNIT DEVELOPMENT PERMIT OF THE BUILDING ELEVATIONS AND FLOOR PLANS OF 39 LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: RANCHO CARRILLO VILLAGE “G7 CASE NO.: PUD 97-03(D) WHEREAS, Continental Residential, Inc., as “Owner” and “Developer”, 1 PUBD 97-03, FOR THE DELAYED ARCHITECTURAL REVIEW SINGLE-FAMILY HOMES ON PROPERTY GENERALLY filed a verified application with the City of Carlsbad regarding property described as Lots 1 through 42 of Carlsbad Tract No. 97-03 Rancho Carrrillo Village “G” in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13837 filed in the office of the County Recorder of San Diego County August 23,1999 as file no. 1999-581947 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned U Development Permit Minor Amendment as shown on Exhibits “A” - “X” dated April 2000,on file in the Planning Department, RANCHO CARRILLO VILLAGE “G” - PUD ! 03(D) as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hol duly noticed public meeting as prescribed by law to consider said request; and WHEREAS, at said public meeting, upon meeting and considering all testimc and arguments, if any, of persons desiring to be heard, said Commission considered all fact relating to the Planned Unit Development Permit Minor Amendment. WHEREAS, on September 2, 1998, the Planning Commission approved P1 97-03, as described and conditioned in Planning Commission Resolution No. 4386. 0 0 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 Plann 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 meeting, the Commiss APPROVES RANCHO CARRILLO VILLAGE “G” - PUD 97-03(D), ba on the following findings and subject to the following conditions: Findinm: 1. All findings set forth in Planning Commission Resolution No. 4386 apply equally to t amended project, and are incorporated by this reference. 2. The proposed amendment qualifies as, and is hereby found to be, a Minor Planr Development Amendment because: A. The amendment does not involve a change to the densities or boundaries the subject property; B. The amendment does not involve an addition of a new use or group of u not shown on the original permit, or the rearrangement of uses within 1 development in that the minor amendment consists only of architectul review of the building elevations and floor plans of single family homes; C. The amendment does not involve changes greater than ten percent approved yards, coverage, height, open space or landscaping; D. The building architecture is consistent with the Village “G” Desi Guidelines as established by PUD 97-03; and E. The amendment meets all applicable design criteria set forth in the Vilh “G” Design Guidelines in that it is compatible with the other developme1 within the Rancho Carrillo Master Plan. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of fbture building permits; deny, revoke or further condition all certificates of occupar issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. : vested rights are gained by Developer or a successor in interest by the City’s approval this Planned Development Permit Minor Amendment. PC RES0 NO. 4748 -2- 0 0 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 I 2. Staff is autihorized and directed to make, or require the Developer to make, all correctic and modifications to the Planned Development Permit Minor Amendment documer as necessary to make them internally consistent and in conformity with the final action the project. Development shall occur substantially as shown on the approved Exhibj Any proposed development different from this approval, shall require an amendment this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and 101 ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the paymc of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projc are challenged, this approval shall be suspended as provided in Government Code Sectil 66020. If any such condition is determined to be invalid this approval shall be inva: unless the City Council determines that the project without the condition complies w all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a representatives, from and against any and all liabilities, losses, damages, demands, clai~ and costs, including court costs and attorney’s fees incurred by the City arising, direc or indirectly, from (a) City’s approval and issuance of this Planned Developme Permit Minor Amendment, (b) City’s approval or issuance of any permit or actic whether discretionary or non-discretionary, in connection with the use contemplat, herein, and (c) Developer/Operator’s installation and operation of the facility permitt hereby, including without limitation, any and all liabilities arising from the emission 1 the facility of electromagnetic fields or other energy waves or emissions. 6. This project shall comply with all conditions and mitigation measures which are requir as part of the approved Mitigated Negative Declaration and Planned Unit Development contained in Planning Commission Resolutions No. 4386 and 4747. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fet 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 fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sectic 66020(a), and file the protest and any other required information with the City Manager f processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time 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 feedexactio DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannin PC RES0 NO. 4748 -3 - c 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 * * 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 gil a NOTICE similar to this, or as to which the statute of limitations has previously othem expired. PA.SSED, APPROVED AND ADOPTED at a regular meeting of the planni Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by following vote, to wit: AYES: Chairperson Compas, Commissioners L'Heureux, Nielsen, Sega. and Trigas NOES: DSENT: Commissioners Heineman and Baker AE3STAIN: lJ!L?&&+"?& WILLIAM COMPAS, Chairperdn CARLSBAD PLANNING COMMISSION ATTEST: . Planning Director I PC RES0 NO. 4748 -4-