HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59481
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PLANNING COMMISSION RESOLUTION NO. 5948
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED UNIT DEVELOPMENT TO ALLOW FOR THE
CONSTRUCTION OF TWO SINGLE FAMILY RESIDENCES
ON .17 ACRES LOCATED SOUTH OF SEQUOIA AVEm
AND WEST OF GARFIELD STREET WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BEACHWALK
CASE NO.: PUD 04-16
WHEREAS, Gregory Dileo, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
All of Lot 13, together with the northwesterly 10.00 feet of lot
12, Block 1, palisades subdivision, in the County of San Diego,
State of California, According to Map thereof No. 1747, filed in
the office of the County Recorder of San Diego County,
February 5,1923
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “J” dated July 20, 2005, on file in the
Planning Department, BEACHWALK - PUD 04-16 as provided by Chapter 21.45121.47 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of July, 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:
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
APPROVES - BEACHWALK - PUD 04-16, based on the following findings
and subject to the following conditions:
FindinPs:
1. That the proposed project complies with all applicable development standards included
within this chapter, in that the proposed project of two small lot, single family,
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 consists of both
single family and multi-family projects, and the surrounding development of the
neighborhood is diverse in architectural style.
3. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
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 Unit Development 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 fiom 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
challenged, this approval shall be suspended as provided in Government Code Section
PC RES0 NO. 5948 -2-
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5.
6.
7.
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.
This approval is granted subject to the approval of SDP 04-14 and is subject to all
conditions contained in Planning Commission Resolution No. 5947 for those other
approvals incorporated herein by reference.
This approval is granted subject to the approval of Minor Subdivision - MS 04-15 and
is subject to all conditions contained in the City Engineer’s approval letter 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 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.
...
PC RES0 NO. 5948 -3-
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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 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery, and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
ABSTAIN: ~~~ ~~
CARLSBAD PLANNING COMMISSION
ATTEST:
h
DON NEU
Assistant Planning Director
PC RES0 NO. 5948 -4-