HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54241
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PLANNING COMMISSION RESOLUTION NO. 5424
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT PUD
RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE
PRIVATE STREET LOT TO ACCOMMODATE TWELVE
DETACHED SINGLE-FAMILY HOMES AND TO CONSTRUCT
TWO SECOND DWELLING UNITS TO MEET THE
INCLUSIONARY HOUSING REQUIREMENT OR THE OPTION
TO PURCHASE TWO AFFORDABLE HOUSING CREDITS
WITHIN THE VILLA LOMA DEVELOPMENT ON PROPERTY
GENERALLY LOCATED ALONG THE NORTH SIDE OF
LEVANTE STREET BETWEEN LA COSTA AVENUE AND
CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME:
02-13 TO ALLOW THE DEVELOPMENT OF TWELVE
NORTHPARK AT LA COSTA
CASE NO.: PUD 02-13
WHEREAS, Touchstone Communities, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Levante 12, LLC, “Owner,”
described as
Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 7457, filed in the Office of the County
Recorder of San Diego County, October 18,1972
(“the Property’); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “Ay’ - “M” dated June 18, 2003, on file in the
Planning Department, NORTHPARK AT LA COSTA - PUD 02-13 as provided by Chapter
21.4Y21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of June, 2003, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
13, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of NORTHPARK AT LA COSTA - PUD 02-
FindinPs:
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
adopted plans of the City and other governmental agencies, in that the proposed project
complies with the requirements of the RD-M and Qualified Development Overlay
zones, and all applicable development standards and design criteria of the Planned
Development Ordinance and Specific Plan 208 and that the property is designated
for residential development. The project’s density of 9.03 du/acre is consistent with
the Residential Medium-High (RMH) (8 - 15 du/ac) land use designation, and the
project is consistent with the Housing Element and the Inclusionary Housing
Ordinance as the developer is constructing two second dwelling units or purchasing
off site credit to satisfy the inclusionary housing requirement.
2. 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 12-unit residential planned development
provides residential housing which is compatible with the surrounding development
of residential planned developments, condominium projects and single family units;
and the project is consistent with the requirements of the Planned Development
Ordinance and Levante Street Development Standards and Design Guidelines.
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
vicinity, in that the proposed use is a residential use of a scale similar to surrounding
residential uses, the project is consistent with the RMH General Plan and RD-M
zoning designations and the proposed project is conditioned to conform to all design
and development standards required by Specific Plan 208 and the Carlsbad
Municipal Code; and all necessary improvements will be provided concurrent with
the development of the project.
PC RES0 NO. 5424 -2-
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4.
5.
6.
7.
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 no deviations or modifications from the development
standards of Chapter 21.45 are proposed. The project satisfies all applicable
requirements for setbacks, lot sizes, lot coverage, resident and guest parking, private
and common recreation areas, and is designed to be compatible with surrounding
developments and to comply with the applicable architectural guidelines.
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 site is a previously graded, mostly level infill lot and there are no
significant natural resources located on the site and the proposed grading
substantially follows the existing site topography.
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 project consists of small
lot, detached single-family residences adjacent to attached multi-family residences to
the west, and detached single-family residences to the north and east, and is
consistent with the purpose and intent of Specific Plan 208, thus maintaining
compatibility with all surrounding developments.
That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or final map whichever occurs first.
1. This approval is granted subject to the approval of CT 02-25 and SDP 02-10 and is
subject to all conditions contained in Planning Commission Resolutions No. 5422 and
5423 for those other approvals incorporated herein by reference.
2. 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 further condition issuance of all
hture building permits; deny, revoke or hrther 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.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
PC RES0 NO. 5424 -3-
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4.
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11.
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 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 Unit Development,
(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.
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.
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. A note to this effect
shall be placed on the Final Map.
No attached or detached structure including but not limited to patio covers, trellises,
decks, balconies, sheds and/or similar structures may be constructed within 15 feet
of the rear property line for lots 1 - 7 pursuant to Specific Plan 208.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
PC RES0 NO. 5424 -4-
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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 fees/exactions. 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 fees/exactions
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 18th day of June, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: Commissioners Dominguez and Whitton
ABSENT: None
ABSTAIN: None
.
0 -. g, Chairperson 3g3J PLANNING COMMISSION
ATTEST:
MICHAEL J. HMMEYER
Planning Director
PC RES0 NO. 5424 -5-