HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57401
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PLANNING COMMISSION RESOLUTION NO. 5740
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
WEST OF XANA WAY AND ALONG THE NORTH AND
SOUTH SIDES OF CORINTIA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME:
PUD 04-03 ON PROPERTY GENERALLY LOCATED TO THE
VLC RIDGE NEIGHBORHOOD 2.5
CASE NO.: PUD 04-03
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 220,224, 225, and 236 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhood 2.5 in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “M” dated October 6, 2004, on file in the
Planning Department, VLC RIDGE NEIGHBORHOOD 2.5 - PUD 04-03, as provided by
Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October, 2004,
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.
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.
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B) That based on the evidence presented at the public hearing, the Commission
PUD 04-03 based on the following findings and subject to the following
conditions:
RECOMMENDS APPROVAL of VLC FUDGE NEIGHBORHOOD 2.5 -
Findinps:
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 a
gated community with private streets and single-family homes on minimum 6,000
square foot lots is consistent with the Villages of La Costa Master Plan, is
compatible with adjacent existing and planned land uses, and the project design
conforms to all design and development standards applicable to the property.
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, lot 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.
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 Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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
PC RES0 NO. 5740 -2-
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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 Development
Permit, (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 11 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 04-04 and is subject to all
conditions contained in Planning Commission Resolution No. 5739 for that other
approval.
Prior to the issuance of building permits, a Major Planned Unit Development
Permit Amendment shall be approved by the City Council for the architecture and
plotting of units.
Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (i.e., specialized door and window treatments) shall
be required for all project lots where the CNEL exceeds 60 dBA at the second story
(as identified in the Acoustical Site Assessment La Costa Ridge Tentative Maps 2.1
Through 2.5, Investigative Science and Engineering, 1/26/04).
PC RES0 NO. 5740 -3-
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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 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 October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
R, Vice Chairperson
PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOLZMIL~R
Planning Director
PC RES0 NO. 5740 -4-