HomeMy WebLinkAbout2002-11-06; Planning Commission; Resolution 53091
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. 5309
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
07, TO ALLOW THE SUBDIVISION AND CONSTRUCTION
OF A 115 UNIT SINGLE FAMILY PLANNED UNIT
DEVELOPMENT WITHIN VILLAGE X OF THE CALAVERA
HILLS MASTER PLAN LOCATED ON THE WEST SIDE OF
FUTURE COLLEGE BOULEVARD, SOUTH OF CARLSBAD
VILLAGE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 7.
CASE NAME: CALAVERA HILLS VILLAGE X
CASE NO.: PUD 0 1-07
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," "E," 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 1 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" - "CCC" dated November 6, 2002, on file in
the Planning Department, CALAVERA HILLS VILLAGE X - PUD 01-07 as provided by
Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November, 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 X - PUD
01-07, based on the following findings and subject to the following conditions:
Findings:
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 4.6 dwellings 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 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 X is consistent with the wildlife
corridors and areas established by 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 compatible 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. 5309 -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 modify all approvals herein granted; deny or fbther 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 01-06 and is subject to all
conditions contained in Planning Commission Resolution No. 5308 for that other
approval, incorporated herein by reference.
PC RES0 NO. 5309 -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
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 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 6th day of November, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNTNG COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5309 -4-