HomeMy WebLinkAbout2002-10-02; Planning Commission; Resolution 52841
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PLANNING COMMISSION RESOLUTION NO, 5284
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
EAST SIDE OF RANCHO SANTA FE ROAD EXTENDING
FROM AN AREA NORTH OF CADENCIA STREET SOUTH
TO THE SDG&E EASEMENT IN LOCAL FACILITIES
MANAGEMENT ZONE 11
CASE NAME: ‘VILLAGES OF LA COSTA - OAKS
CASE NO.: PUD 02-01
WHEREAS, Morrow Development, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
PUD 02-01 ON PROPERTY GENERALLY LOCATED ON THE
SOUTHNEIGHBORHOODS 3.10 & 3.11
Being a subdivision of Lots 171 and 172 of City of Carlsbad
Tract CT 99-04-01, Villages of La Costa - La Costa Oaks
South , in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 14379 filed in the
Office of the San Diego County Recorder on April 29,2002
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “N” dated October 2, 2002, on file in the
Planning Department, VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS
3.10 81 3.11 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of October, 2002,
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
SOUTH NEIGHBORHOODS 3.10 & 3.11 - PUD 02-01, based on the
following findings and subject to the following conditions:
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS
Findinm:
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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 2.4 dwelling units to the acre and is in compliance
with all standards including the requirements of the Villages of La Costa Master
Plan.
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.
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.
That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.060, the design criteria set forth in Section 21.45.070,
and has been designed in accordance with the applicable concepts contained in the Design
Guidelines Manual, in that the project complies with the required development
standards of the Villages of La Costa Master Plan such as lot width and area,
maximum number of residential lots, and required recreation area.
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 the project site has been approved for mass grading. A Hillside
Development Permit was approved for the mass grading phase of the project
associated with CT 99-04 and complies with the standards of the Hillside
Development Regulations.
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 there is presently no development
adjacent to the site. Future adjacent development of single-family detached
PC RES0 NO. 5284 -2-
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residential units and the preservation of open space areas will be consistent with the
proposed project.
7. That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.
8. The project’s potential environmental impacts were fully examined, mitigated and
evaluated within the scope of the Villages of La Costa Final Program EIR (98-07)
previously certified and approved on October 23, 2001 along with the adopted
Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of
Overriding Considerations fully satisfying all applicable CEQA requirements for
the proposed project.
Conditions:
Note:
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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.
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 modi@ all approvals herein granted; deny or fbrther 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.
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 occw substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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
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
PC RES0 NO. 5284 -3-
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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.
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.
This approval is granted subject to the approval of CT 02-02 and is subject to all
conditions contained in Planning Commission Resolutions No. 5283 for those other
approvals.
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, notieing all interested
parties and successors in interest that the City of Carlsbad has issued a Planned Unit
Development Permit by Resolution No. 5284 on the property. 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.
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.
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.”
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You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions
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 feedexactions 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 2nd day of October 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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0,
MICHAEL J. HMZMELER
Planning Director
PC RES0 NO. 5284 -5-