HomeMy WebLinkAbout2005-02-16; Planning Commission; Resolution 58391
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PLANNING COMMISSION RESOLUTION NO. 5839
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
RESIDENTIAL LOTS, 8 OPEN SPACE LOTS, AND 1 SCHOOL
LOT ON PROPERTY GENERALLY LOCATED EAST OF
ALICANTE ROAD AND NORTH OF POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: VILLAGES OF LA COSTA GREENS
PUD 04-13 TO SUBDIVIDE 41.4 ACRES INTO 71
NEIGHBORHOODS 1.4 AND 1.7
CASE NO.: PUD 04- 13
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 7 and 46 of Carlsbad Tract No. 99-
03 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 County Recorder of San Diego County,
February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “M” dated February 16, 2005, on file in the
Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.4 AND
1.7 - PUD 04-13, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of February 2005,
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 KEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the publj hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS
NEIGHBORHOODS 1.4 AND 1.7 - PUD 04-13, 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, in that the project complies with the required development
standards of the Villages of La Costa Master Plan such as lot width, lot area, and
maximum number of residential lots. The project design conforms to all design and
development standards applicable to the property. 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 and site design are compatible with surrounding
development, in that there is presently residential development to the east of the site
which is similar in density and character.
3. All findings of Planning Commission Resolution No. 5838 for CT 04-15 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; record a notice of violation on the
property title; 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 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.
PC RES0 NO. 5839 -2-
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4.
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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
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 Carlsbad Unified 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 MP 98-01@) and CT 04-15 and is
subject to all conditions contained in Planning Commission Resolutions No. 5837 and
5838 for those other approvals.
Prior to the recordation 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
City of Carlsbad has issued a Planned Unit Development by Resolution No. 5839 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
PC RES0 NO. 5839 -3 -
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which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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.
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PC RES0 NO. 5839 -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 16th day of February 2005, by the
following vote, to wit:
AYES: Vice Chairperson Montgomery, Commissioners Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT: Chairperson Segall and Commissioner Baker
ABSTAIN:
OMERY) Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5839 -5-