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HomeMy WebLinkAbout2005-02-16; Planning Commission; Resolution 58411 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5841 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT RESIDENTIAL LOTS, 1 RECREATIONAL LOT, AND 6 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE, AND EAST OF ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6 PUD 04-14 TO SUBDIVIDE 36 ACRES INTO 91 CASE NO.: PUD 04-14 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 6 of Carlsbad Tract No. 99-03, Village of La Costa Greens - La Costa Greens in the City of Carlsbad, County of San Diego, State of California, according to map thereof 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 NEIGHBORHOOD 1.6 - PUD 04-14 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 HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, th Commissio RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6 - PUD 04-14, based on the following findings and subject to the following conditions: Findinm: 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 6,000 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 proposed residential development to the southeast of the site which is similar in density and character. 3. All findings of Planning Commission Resolution No. 5840 for CT 04-16 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 modifj 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 Unit 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. 5841 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. 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 fiom 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 CT 04-16 and is subject to all conditions contained in Planning Commission Resolution No. 5840 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. 5841 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. 5841 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 t$ 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 16th day of February 2005, by the following vote, to wit: AYES: Vice Chairperson Montgomery, Commissioner Cardosa, Dominguez, Heineman, and Whitton 0 NOES: ABSENT: Chairperson Segall and Commissioner Baker ABS m: f , Vice Chairperson CARLSBAD PL-G COMMISSION DON NEU Assistant Planning Director PC RES0 NO. 5841 -4-