HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 5063PLANNING COMMISSION RESOLUTION NO. 5063
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
AMENDMENT TO PLANNED UNIT DEVELOPMENT PERMIT
PUD 90-04, TO ALLOW FRONT YARD SETBACKS OF 10 TO 20
FEET WITH A 15 FOOT AVERAGE PURSUANT TO SECTION
21.45.090 OF THE PLANNED DEVELOPMENT ORDINANCE
AND TO ALLOW FOR A STREET VACATION TO CHANGE
THE STREETS FROM PUBLIC STREETS TO PRIVATE GATED
STREETS FOR 63 SINGLE-FAMILY RESIDENTIAL UNITS ON
PROPERTY GENERALLY LOCATED EAST OF RANCH0
SANTA FE ROAD AND NORTH OF CALLE ACERVO IN
LOCAL FACILITIES MANAGEMENT ZONE 11
CASE NAME: TIBURON
CASE NO.: PUD 90-04(B)
WHEREAS, Continental Residential, Inc., “Owner” and “Developer,” has filed
a verified application with the City of Carlsbad regarding property described as:
Lots 182 through 255 of Carlsbad Tract No. 90-3, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 14196, filed in the Office of the County
Recorder of San Diego County, April 23,200l.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Amendment as shown on Exhibit(s) “A” - W” dated October 17, 2001, on file
in the Planning Department, TIBURON - PUD 90-04(B) as provided by Chapter 21.45/21.47 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 2001
and the 7th day of November, 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
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WHEREAS, on December 15,1998, the City Council approved PUD 90-04, as
described and conditioned in Planning Commission Resolution No. 4352.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission APPROVES TIBURON - PUD 90-04(B), based on the following findings and
subject to the following conditions:
Findings:
1. All findings set forth in Planning Commission Resolution No. 4352 for PUD 90-04 apply
equally to this amended project, and are incorporated by this reference.
2. That the approval of this amendment to PUD 90-04 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 proposed Planned Unit Development Amendment meets all of the 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.
3. The proposed amendment qualifies as, and is hereby found to be, a Minor Planned
Development Amendment because:
A. The amendment does not involve a change to the densities or boundaries of
the subject property;
B. The amendment does not involve changes greater than ten percent in
approved yards, coverage, height, open space or landscaping;
C. The building architecture is consistent with surrounding development;
D. The amendment does not involve an addition of a new use or group of uses
not shown on the original permit, or the rearrangement of uses within the
development in that the minor amendment consists only of review of reduced front yard setbacks and the establishment of private streets versus public
streets as allowed by the Planned Development Ordinance.
4. 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
disruptive element to the neighborhood, in that the project has been designed to be of
similar size and design to other residential development in the area.
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5. 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 will have a typical
residential street scene for a single-family neighborhood.
6. That the necessary Street Vacation applications have been filed with the City Engineer to
change the streets from public streets to private gated streets as proposed by this
amendment to PUD 90-04 and that private gated streets are subject to approval of
the street vacation application by the Carlsbad City Council.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building
Permit.
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 Unit Development Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development Amendment 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. Approval is granted for Tiburon PUD 90-04(B) as shown on Exhibits “A” - W”, dated
October 17, 2001, on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
4. 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.
5. 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.
6. 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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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 Unit Development
Amendment, (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.
This project shall comply with all conditions and mitigation measures which are required
as part of EIR 90-06 for the Shelley Tract Map (CT 90-03) approved by City Council on
December 15, 1998 and 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 building permits for the production homes, 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 Planned Unit Development
by Resolution No. 5063 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.
Private streets within this Site Development Plan are subject to approval of a street
vacation (SVT 01-03) by the Carlsbad City Council. Developer shall prepare,
process, and receive approval of a street vacation before the internal streets
(Avenida Aragon, Avenida Secrete, Sitio Toledo, and Sitio Andalucia) are
considered “Private” Streets. This street vacation must be completed prior to
transfer of ownership of any of the homes and must include a reservation of public
access and general public utility easements.
Approval of PUD 90-04(B) is granted subject to the approval of SDP 01-07 and V Ol-
05. PUD 90-04(B) is subject to all conditions contained in Planning Commission
Resolution No. 5062 for SDP 01-07 Planning Commission Resolution No. 5098 for V
01-05.
Planning Commission Resolution No. 4352 (PUD 90-04) is superseded by Planning Commission Resolutions No. 5061 for PUD 90-04(A) and 5063 for PUD 90-04(B).
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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 7th day of November 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Compas, Heineman, and Trigas
NOES: Commissioners Dominguez and Nielsen
ABSENT: Commissioner Baker
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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