HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50211
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PLANNING COMMISSION RESOLUTION NO. 5021
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED UNIT DEVELOPMENT PERMIT
PUD 01-08 ON PROPERTY GENERALLY LOCATED IN
NEIGHBORHOOD 3.9 OF THE VILLAGES OF LA COSTA
MASTER PLAN ON THE WEST SIDE OF THE FUTURE
ALIGNMENT OF RANCH0 SANTA FE ROAD NORTH OF LA
COSTA AVENUE AND SOUTH OF CADENCIA STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: VILLAGES OF LA COSTA - THE OARS
NEIGHBORHOOD 3.9
CASE NO.: PUD 01-08
WHEREAS, Morrow Development, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management,
“Owner,” described as
See Attachment “CT 99-04 - A”, attached to Planning
Commission Resolution No. 5020, hereby incorporated by
reference
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibit(s) “FFF” - “XXXX dated August 29, 2001, on tile
in the Planning Department, VILLAGES OF LA COSTA - THE OAKS NEIGHBORHOOD
3.9 - PUD 01-08, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 29th day of August, 2001 and
on the 5th day of September 2001 hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, 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
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - THE OAKS
NEIGHBORHOOD 3.9 - PUD 01-08, based on the following findings and
subject to the following conditions:
Findings:
1. 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-Medium (RLM) General Plan Land Use
Designation as it is at a density of 2.8 dwelling units to the acre, the R-l zoning and
is in compliance with all standards including the requirements of the Villages of La
Costa Master Plan.
2. 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 development of single-family homes on
minimum 6,000 square foot lots and associated recreation facilities is consistent with
the Villages of La Costa Master Plan and is compatible with adjacent existing and
planned land uses.
3. 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. Public improvements will be provided concurrent with
development of the project to meet all city standards. All manufactured slopes will
be landscaped to prevent erosion and visually screen the slopes.
4. 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 except for those standards modified by the Villages of La
Costa Master Plan the project complies with all required development standards
including minimum lot size, RV storage, and recreation space area requirements.
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 a Hillside Development Permit has been issued for the proposed grading
and the project will implement the applicable mitigation measures of Final Program
EIR 98-07 and the associated Mitigation Monitoring and Reporting Program.
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
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disruptive element to the neighborhood, in that the project is consistent with the only
adjacent development which is located to the west and is designated Low-Medium
Density Residential (RLM) like the project site or Medium-High Density Residential
(RMH) and the project is proposed at a density of 2.8 dwelling units per acre which
is below the RLM growth management control point of 3.2 dwelling units per acre
or exceed the maximum of 88 units permitted by the Villages of La Costa Master
Plan for Neighborhood 3.9.
7. That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project, in that the project is accessed from three
points with the access points into Neighborhood 3.9 being coordinated with planned
development off-site. The project also includes internal sidewalks with parkways
along the street that lead to the adjoining neighborhoods as well as trails identified
in the Villages of La Costa Master Plan.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a final map or issuance of a grading permit, whichever occurs first.
1. 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 Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit 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.
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
4. 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.
5. The 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
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6.
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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 Development
Permit, (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.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Prior to the issuance of the grading permit or approval of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Planned Unit
Development Permit by Resolution No. 5021 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
This approval is granted subject to the approval of EIR 98-07, GPA 98-01, MP 149(Q),
MP 98-01, LFMP 11(B), CT 99-04, HDP 99-02, and SUP 01-03 and is subject to all
conditions contained in the Planning Commission Resolutions for those other approvals.
This approval shall become null and void if a final map is not recorded for at least one
phase of the project within 24 months from the date of project approval.
Prior to the issuance of building permits a Major Planned Unit Development Permit
Amendment shall be approved for the architecture and plotting of units in addition
to the common recreation area improvements. Approvals are also required for the
RV storage area to meet the requirements of the Villages of La Costa Master Plan.
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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 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 fees/exactions
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 fees/exactions 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 planning
Commission of the City of Carlsbad, California, held on the 5th day of September 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HaZMI&ER
Planning Director
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