HomeMy WebLinkAbout2005-05-18; Planning Commission; Resolution 58991
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PLANNING COMMISSION RESOLUTION NO. 5899
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
A THREE UNIT/FOUR LOT PLANNED UNIT
DEVELOPMENT PROJECT ON PROPERTY LOCATED ON
THE SOUTHEAST CORNER OF OCEAN STREET AND
BEECH STREET WITHIN THE CITY’S COASTAL ZONE AND
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: OCEAN ESTATES
UNIT DEVELOPMENT PERMIT PUD 04-09 TO CONSTRUCT
CASE NO.: PUD 04-09
WHEREAS, Urbitecture Platform, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Gofat, LLC, a California
Limited Liability Company, “Owner,” described as
The northwesterly half of Block 7 of the Town of Carlsbad, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 775, filed in the County
Recorders Office on May 2, 1888. The southeasterly line of
said northwesterly half being drawn parallel with the
northwesterly line of said Block 7
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - ((G” dated May 18, 2005 on file in the
Planning Department, OCEAN ESTATES - PUD 04-09 as provided by Chapter 21.45/2 1.47 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of May, 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.
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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
APPROVES OCEAN ESTATES - PUD 04-09, 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 this chapter, in that, as discussed in the staff report, the proposed project of
three planned development units on the subject site conforms to all the design and
development standards applicable to the property as contained in Chapter 21.45 of
the Carlsbad Municipal Code.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the surrounding developments are developed at a
wide range of densities and with a variety of architectural styles which does not
have a predominate style which would conflict with the architectural style proposed.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of 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
Permit.
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. 5899 -2-
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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
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.
5. 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.
6. This approval is granted subject to the approval of CT 04-22 and CDP 04-21 and is
subject to all conditions contained in Planning Commission Resolutions No. 5898 and
5900 for those other approvals incorporated herein by reference.
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.
PC RES0 NO. 5899 -3 -
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Commi
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
f the City of Carlsbad, California, held on the 18th day of May 2005, by the
following vote, to wit:
AYES:
NOES: Commissioners Dominguez and Montgomery
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Baker, Cardosa and Heineman
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning-Director
PC RES0 NO. 5899 -4-