HomeMy WebLinkAbout2002-11-20; Planning Commission; Resolution 5313o o
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PLANNING COMMISSION RESOLUTION NO. 5313 I
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT, PUD 01-
4 06, TO ALLOW THE SUBDIVISION AND CONSTRUCTION
OF A 114 UNIT SE^GLE FAMILY PLANNED UNIT
DEVELOPMENT WITHIN VILLAGE W OF THE CALAVERA
6 HILLS MASTER PLAN LOCATED EAST OF FUTURE
COLLEGE BOULEVARD, SOUTH OF THE CARLSBAD
7 VILLAGE DRIVE/COLLEGE BOULEVARD INTERSECTION
IN LOCAL FACILITIES MANAGEMENT ZONE 7.
^ CASE NAME: CALAVERA HILLS VILLAGE W
g CASE NO.: PUD 01-06
10 WHEREAS, Calavera Hills II, LLC, "Developer"/"Owner," has filed a verified
11 application with the City of Carlsbad regarding property described as:
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Portion of Lots "D" and "J" of the Rancho Agua Hedionda, in
j2 the City of Carlsbad, County of San Diego, State of California,
according to Map 823, filed in the Office of the San Diego
14 County Recorder on November 6, 1896, also being Lot 2 of
Carlsbad Tract No. 00-02
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("the Property"); and
WHEREAS, said verified application constitutes a request for a Planning Unit
18 Development Permit as shovm on Exhibits "A" - "RR" dated November 20, 2002, on file in
19 the Planning Department, CALAVERA HILLS VILLAGE W - PUD 01-06 as provided by
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Chapter 21.45 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 20th day of November, 2002,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the PUD Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission ofthe City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct. 1
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B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of CALAVERA HILLS VILLAGE W - PUD
01-06, based on the following findings and subject to the following conditions:
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Findings;
g 1. 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
7 adopted plans of the City and other govemmental agencies, in that the project is
consistent with the Residential Medium density (RM) General Plan designation as it
8 has a density of 4.8 dwelling per acre; the project complies with the development
g standards and design criteria of the Calavera Hills Master Plan for detached single
family homes.
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2. That the proposed use at the particular location is necessary and desirable to provide a
11 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-
12 family units in the Calavera Hills Master Plan and provides for the diversity of
housing types within the City.
j4 3. 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
15 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
16 concurrent with, the development of the project to meet all City standards.
1^ 4. That the proposed Planned Development meets all of the minimum development
Jg 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
19 Guidelines Manual, in that the project provides private and common recreation areas;
guest parking is adequately distributed throughout the project, traffic calming and
20 livable street features are proposed, and the internal street system has a minimum
width of 34 feet.
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22 5. 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
23 site, in that the development of Village W conforms to the habitat/General Plan open
space boundary on the east side of the project.
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6. That the proposed project's design and density of the developed portion of the site is
25 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
2y residential and multifamily residential land uses that surround it
28 7. That the project's circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.
PC RESO NO. 5313 -2-
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^ Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading
3 permit or final map, whichever occurs first.
4 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
5 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
7 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
p this Planned Unit Development.
10 2. 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
11 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
15 4. If any condition for constmction 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 Govemment Code Section
Ij 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
18 all requirements of law.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
2Q harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 and costs, including court costs and attomey'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
22 issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein.
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24 6. This approval is granted subject to the approval of CT 01-05 and is subject to all
conditions contained in Planning Commission Resolution No. 5312 for that other
25 approval, incorporated herein by reference.
26 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees,
28 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
PC RESO NO. 5313 -3-
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
2 you protest them, you must follow the protest procedure set forth in Govemment Code Section
66020(a), and file the protest and any other required information with the City Manager for
3 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
4 annul their imposition.
^ You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
5 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
7 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, Califomia, held on the 20th day of November, 2002, by
the following vote, to wit:
AYES:
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II
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14 NOES:
15 ABSENT
1^ ABSTAIN:
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19 SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
23 MICHAEL J. HOLZMILLER
^. Planning Director
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PC RESO NO. 5313 -4-