HomeMy WebLinkAbout2006-03-01; Planning Commission; Resolution 60371 PLANNING COMMISSION RESOLUTION NO. 6037
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT TO GRADE AND
4 SUBDIVIDE A 2.79 ACRE SITE INTO 14 RESIDENTIAL LOTS
5 AND 3 OPEN SPACE/RECREATION/PRIVATE DRIVEWAY
LOTS ON PROPERTY GENERALLY LOCATED ON THE
6 WEST SIDE OF DONNA DRIVE AND NORTH OF
CARLSBAD VILLAGE DRIVE WITHIN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: TRAILS END
8 CASE NO.: PUD 04-10
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WHEREAS, Dennis Cunningham, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by Chris Coseo, "Owner," described as
j2 Portion of lot 7 of Section 32, Township 11 South, Range 4
West, San Bernardino Meridian, in the City of Carlsbad,
13 County of San Diego, State of California, according to official
plat thereof
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Planned Unit
17 Development Permit as shown on Exhibits "A" - "P" dated March 1, 2006, on file in the
1 818 Planning Department, TRAILS END - PUD 04-10 as provided by Chapter 21.45/21.47 of the
19 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 1st day of March, 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Planned Unit Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES TRAILS END - PUD 04-10, based on the following findings and
subject to the following conditions:
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Findings:
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1. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that the proposed project is
5 consistent with Chapter 21.45 of the Carlsbad Municipal Code.
7 2. That the proposed project's density, site design and architecture are compatible with
surrounding development, in that the site is surrounded by single-family and multi-
8 family residential uses at similar densities.
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
11 recordation or issuance of grading permit, whichever occurs first.
12 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
j-j 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
14 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
1 5 issued under the authority of approvals herein granted; record a notice of violation on the
1 , 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
17 or a successor in interest by the City's approval of this Planned Unit Development
Permit.
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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
20 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
21 development different from this approval, shall require an amendment to this approval.
22 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.
24 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
25 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
27 all requirements of law.
28 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
PC RESO NO. 6037 -2-
representatives, from and against any and all liabilities, losses, damages, demands, claims
2 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
3 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.
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6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, Zone Change, Tentative Tract
Map, and Hillside Development Permit and is subject to all conditions contained in
Planning Commission Resolutions No. 6033, 6034, 6035 and 6036 for those other
9 approvals incorporated herein by reference.
10 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
12 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."13
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
15 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
16 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,
19 zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 1st day of March 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Cardosa, Dominguez,
and Whitton
NOES: Commissioner Baker
ABSENT: Commissioner Heineman and Segall
ABSTAIN:
MARTELL B. MONT<K>MERY,0rairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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