HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 4765>
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PLANNING COMMISSION RESOLUTION NO. 4765
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 95
SINGLE-FAMILY HOMES ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST
OF MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 18.
CASE NAME: RANCHO CARFULLO VILLAGE “F”
CASE NO.: PUD 97-03(E)
WHEREAS, Continental Residential, Inc., as “Owner” and “Developer,” 1
PUD 97-03, FOR THE DELAYED ARCHITECTURAL REVIEW
filed a verified application with the City of Carlsbad regarding property described as
Lots 254 through 354 of Carlsbad Tract No. 97-03 Rancho
Carrillo Village “E” and “F,” in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No.
13833 filed in the office of the County Recorder of San Diego
County August 10,1999 as file no. 1999-554181
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned L
Development Perrnit minor amendment as shown on Exhibits “A” - “V” dated May 3,2000,
file in the Planning Department, RANCHO CARRILLO VILLAGE “F,” PUD 97-03(E),
provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of May, 2000, hol
duly noticed public meeting as prescribed by law to consider said request; and
WHEREAS, at said public meeting, upon hearing and considering all testimc
and arguments, if any, of persons desiring to be heard, said Commission considered all fad
relating to the Planned Unit Development Permit Minor Amendment.
WHEREAS, on September 2, 1998, the Planning Commission approved P
97-03, as described and conditioned in Planning Commission Resolution No. 4386.
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1 II NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
2 11 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 meeting, the Commissi
APPROVES RANCHO CARRILLO VILLAGE “F,” PUD 97-03(E), based
the following findings and subject to the following conditions:
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1. All findings set forth in Planning Commission Resolution No. 4386 apply equally to t 8
Findings:
amended project, and are incorporated by this reference.
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2. The proposed amendment qualifies as, and is hereby found to be, a minor Planr
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Development Amendment because:
A. The amendment does not involve a change to the densities or boundaries
the subject property;
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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 architectu
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 “F” Desi
Guidelines as established by PUD 97-03; and
E. The amendment meets all applicable design criteria set forth in the Villi
“F” Design Guidelines in that it is compatible with the other developme
within the Rancho Carrillo Master Plan.
22 11 Conditions:
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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 righi
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa~
issued under the authority of approvals herein granted; institute and prosecute litigatior
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 approva
this Planned Development Permit Minor Amendment. 11 PC RES0 NO. 4765 -2-
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2. Staff is authorized 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 Exhib:
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 lo
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect]
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 2
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, 2
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 Developmc
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary
non-discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. This project shall comply with all conditions and mitigation measures which are requi:
as part of the approved Mitigated Negative Declaration and Planned Unit Developmenl
contained in Planning Commission Resolutions No. 4386 and 4764.
7. Development shall comply with all Rancho Carrillo Master Plan Design Guideli~
for Village “F” regulating setbacks, building separation, plotting, walls, fences, a
lot drains.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fi
dedications, reservations, or other exactions hereafter collectively referred to for conveniencc
“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.
PC RES0 NO. 4765 -3-
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e e
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 plannil
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
~ a NOTICE similar to this, or as to which the statute of limitations has previously otherw
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plmi
Commission of the City of Carlsbad, California, held on the 3rd day of May, 2000, by 'I
following vote, to wit:
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AYES: Chairperson Compas, Commissioners Segall, Baker, L'Heureux,
Trigas and Heineman
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
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16 CARLSBAD PLANGNG COMMISSION
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ATTEST:
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MICHAEL J. HMZMII~~R
Planning Director
PC RES0 NO. 4765 -4-