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HomeMy WebLinkAbout2002-10-02; Planning Commission; Resolution 52841 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 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: 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 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: 1. 2. 3. 4. 5. 6. 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- 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 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: 1. 2. 3. 4. 5. 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- 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 6. 7. 8. 9. 10. 11. 12. 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.” PC RES0 NO. 5284 -4- 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 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: 4 0, MICHAEL J. HMZMELER Planning Director PC RES0 NO. 5284 -5-