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Home My WebLink About2002-10-16; Planning Commission; Resolution 52911 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. 5291 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 05, TO ALLOW THE SUBDIVISION AND CONSTRUCTION OF AN 84 UNIT SINGLE FAMILY PLANNED UNIT DEVELOPMENT WITHIN VILLAGE K OF THE CALAVERA HILLS MASTER PLAN LOCATED AT THE NORTHWEST CORNER OF CARLSBAD VILLAGE DRIVE AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS VILLAGE K CASE NO.: PUD 0 1-05 WHEREAS, Calavera Hills 11, LLC, “Developer”/”Owner,” has filed a verified APPROVAL OF PLANNED UNIT DEVELOPMENT, PUD 01- application with the City of Carlsbad regarding property described as: Portion of Lots “D” and “J” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map 823, filed in the Office of the San Diego County Recorder on November 16, 1896, also being Lot 5 of Carlsbad Tract No. 00-02 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planning Unit Development Permit as shown on Exhibits “A” - ‘WU” dated October 16,2002, on file in the Planning Department, CALAVERA HILLS VILLAGE K - PUD 01-05 as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th 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 PUD 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 RECOMMENDS APPROVAL of CALAVERA HILLS VILLAGE K - PUD 01-05, based on the following findings and subject to the following conditions: FindinPs: 1. 2. 3. 4. 5. 6. 7. 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 Medium density (RM) General Plan designation as it has a density of 5.0 dwelling per acre; the project complies with the development standards and design criteria of the Calavera Hills Master Plan for detached single family homes. 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 project site is designated for single- family units in the Calavera Hills Master Plan and provides for the diversity of housing types within the City. 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 and public improvements will be provided prior to, or concurrent with, the development of the project to meet all City standards. 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 the project provides private and common recreation areas; guest parking is adequately distributed throughout the project, traffic calming and livable street features are proposed, and the internal street system has a minimum width of 34 feet. 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 proposed development in Village K establishes an approximately 35- acre significant wildlife corridor consistent with the Calavera Hills Master Plan and certified environmental impact report (EIR 98-02). 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 proposed single family residential product type and density are consistent with the master plan’s single family residential, multifamily residential, and community park land uses that surround it. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. PC RES0 NO. 5291 -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 Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map, 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 modifl 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PUD 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. 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 indemnifl, 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 PUD, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This approval is granted subject to the approval of CT 01-02 and is subject to all conditions contained in Planning Commission Resolution No. 5290 for that other approval, incorporated herein by reference. 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. 5291 -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 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 16th day of October, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: None ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOBMILLER Planning Director PC RES0 NO. 5291 -4-