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Home My WebLink About2006-04-05; Planning Commission; Resolution 60601 PLANNING COMMISSION RESOLUTION NO. 6060 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN TO GRADE 4 AND SUBDIVIDE A 14.4 ACRE SITE INTO 2 RESIDENTIAL 5 LOTS FOR 53 DWELLING UNITS, 1 DRIVEWAY LOT, AND 1 OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED 6 ON THE WEST SIDE OF EL CAMINO REAL AND NORTH OF DOVE LANE WITHIN LOCAL FACILITIES MANAGEMENT 7 ZONE 21. CASE NAME: LA COSTA VILLAGE CENTER 8 TOWNHOMES 9 CASE NO.: SDP 04-05 10 WHEREAS, Marker La Costa LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner," 12 described as 13 All that portion of the west half of the northeast Quarter of 14 Section 26, Township 12 South, Range 4 West, San Bernardino 15 Meridian, in the City of Carlsbad, County of San Diego, State of California, being more particularly described in certificate 16 of compliance record June 16,1989 as file No. 89-317343 17 ("the Property"); and I Q WHEREAS, said verified application constitutes a request for a Site Development 19 Plan as shown on Exhibits "A" - "HHH" dated April 5, 2006, on file in the Planning 20 Department, LA COSTA VILLAGE CENTER TOWNHOMES - SDP 04-05 as provided by 22 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 5th day of April, 2006, hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Site Development Plan.28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. t- B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of LA COSTA VILLAGE 6 CENTER TOWNHOMES -SDP 04-05 based on the following findings and subject to the following conditions: 7 Findings:o 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will 10 not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed project is a multiple-family residential project . _ at 10.19 du/ac, which is similar to surrounding residential land uses and consistent with the Residential Medium-High Density (RMH; 8-15 du/ac) General Plan Land 13 Use designation. 14 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Residential Density- Multiple with a Qualified Overlay Zone (RD-M-Q) and Planned Development 1., ordinance, including setbacks, lot coverage, parking, and height restrictions without requiring any variances. 17 That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 18 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all required yards, setbacks, wall and fence heights, and will not adversely impact permitted future 2Q uses in the neighborhood. 2\ 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system will be adequate to 22 handle the 424 ADT generated by the proposed fifty-three-unit condominium project. 23 Conditions;24 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 26 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 PCRESONO. 6060 -2- future building permits; deny, revoke or further condition all certificates of occupancy 2 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 3 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 Site Development Plan. 4 i- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them 6 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 7 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 9 regulations in effect at the time of building permit issuance. 10 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 13 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 16 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 Site Development Plan, (b) 17 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 in without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until 20 all legal proceedings have been concluded and continues even if the City's approval is not validated. 21 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-10, LCPA 04-09, ZC 23 04-06, CT 04-08, HDP 04-04, CDP 04-17, CP 04-03, and SUP 04-07 and is subject to all conditions contained in Planning Commission Resolutions No. 6054, 6055, 6056, 24 6057, 6058, 6059, 6062, 6063 and 6061 for those other approvals incorporated herein by reference. 26 27 28 PC RESO NO. 6060 -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 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 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of April 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton MARTELL B. MONTGOMERY, (KBirperson CARLSBAD PLANNING COMMISSION ATTEST "NEU Assistant Planning Director PC RESO NO. 6060 -4-