HomeMy WebLinkAbout2003-10-15; Planning Commission; Resolution 54771
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PLANNING COMMISSION RESOLUTION NO. 5477
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL, OF PLANNED UNIT DEVELOPMENT PERMIT
NORTH SIDE OF ALGA ROAD, EAST OF THE NORTH
COURSE OF LA COSTA GOLF COURSE AND ON EAST AND
WEST SIDES OF ALICANTE ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
CASE NAME: VILLAGES OF LA COSTA GREENS
CASE NO.: PUD 02- 12
PUD 02-12 ON PROPERTY GENERALLY LOCATED ON THE
NEIGHBORHOODS 1.11, 1.13 AND 1.14
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
Being a subdivision of Lots 11, 13 and 14 of the City of
Carlsbad Tract CT 99-03, Villages of La Costa - La Costa
Greens, in the City of Carlsbad, County of San Diego, State of
California, according to map no. 14543 filed in the Office of the
San Diego County Recorder on February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits c‘A” - “X” dated October 15, 2003, on file in the
Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.11,
1.13 AND 1.14 - PUD 02-12, as provided by Chapter 21.45 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 15th day of October, 2003,
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.
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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
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS
NEIGHBORHOODS 1.11, 1.13 AND 1.14 - PUD 02-12, based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that the development of single-
family homes on minimum 5,000 square foot lots is consistent with the Villages of La
Costa Master Plan and is compatible with adjacent existing and planned land uses.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the project conforms with all the design and
development standards applicable to the property as contained in the Villages of La
Costa Master Plan such as lot width and area and maximum number of residential
lots. 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.
3. All findings of Resolution No. 5476 for CT 02-24 are incorporated herein by
reference.
Conditions:
Note: 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.
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
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
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.
2. 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. 5477 -2-
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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.
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 10 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 02-24 and MP 98-01(B) and is
subject to all conditions contained in Planning Commission Resolutions No. 5476 and
5478 for those other approvals.
Prior to the 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, notifying all interested parties and successors in interest that the
PC RES0 NO. 5477 -3-
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City of Carlsbad has issued a Planned Unit Development Permit by Resolution No.
5477 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.
12. Prior to the issuance of building permits a Major Planned Unit Development Permit
Amendment shall be approved for the architecture and plotting of units. 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.”
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 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.
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PC RES0 NO. 5477 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 15th day of October 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Montgomery,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Heineman
ABSTAIN: None
ATTEST:
MICHAEL J. H&ZMILMR
Planning Director
PC RES0 NO. 5477 -5-