HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60971 PLANNING COMMISSION RESOLUTION NO. 6097
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT TO GRADE AND
4 SUBDIVIDE A 5.12-ACRE SITE INTO 29 SMALL LOTS FOR
SINGLE-FAMILY HOMES, 2 OPEN SPACE LOTS, AND
1 DRIVEWAY LOT ON PROPERTY GENERALLY LOCATED
6 ON THE SOUTHWEST CORNER OF LOWDER LANE AND
POINSETTIA LANE, IN THE MELLO H SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 4.
8 CASE NAME: POINSETTIA PROPERTY
9 CASE NO.: PUD 05-08
10 WHEREAS, Cottage Development Company, "Developer," has filed a verified
** application with the City of Carlsbad regarding property owned by Eugene Boyland and
12 Shelley Thayer, "Owner," described as
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Lot 171, of Carlsbad Tract No. 73-24, in the City of Carlsbad,
14 County of San Diego, State of California, According to Map
1 thereof No. 7996, filed in the Office of the County Recorder of
San Diego County, August 2,1974
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned18
j9 Development Permit as shown on Exhibits "A" - "BB" dated May 17, 2006, on file in the
20 Planning Department, POINSETTIA PROPERTY - PUD 05-08 as provided by Chapter
21 21.45/21.47 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 17th day of May, 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all
26 testimony and arguments, if any, of persons desiring to be heard, said Commission
27 considered all factors relating to the Planned Development Permit.
28 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.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES POINSETTIA PROPERTY - PUD 05-08, based on the following
findings and subject to the following conditions:
4
~ Findings:
6 1. That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that the project consists of 29 small lot, single-family homes
7 on lots with a minimum area of 5,000 square feet. The proposed project is
consistent with all standards of Chapter 21.45 of the Carlsbad Municipal Code.
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2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that the existing surrounding residential neighborhoods
10 contain small lot, single-family and multi-family homes.
11 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
12 to mitigate impacts caused by or reasonably related to the project, and the extent and the
,3 degree of the exaction is in rough proportionality to the impact caused by the project.
14 Conditions:
15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
-, recordation or issuance of grading permit, whichever occurs first.
17 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
18 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
20 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
21 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 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 Development Permit documents, as necessary to make
24 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
25 development different from this approval shall require an amendment to this approval.
^f\3. Developer shall comply with all applicable provisions of federal, state, and local laws and
27 regulations in effect at the time of building permit issuance.
28 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
PC RESO NO. 6097 -2-
challenged, this approval shall be suspended as provided in Government Code Section
2 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
3 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
6 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 Development
7 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
9 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
10
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, Tentative Tract Map, Coastal
12 Development Permit, and Variance and is subject to all conditions contained in
Planning Commission Resolutions No. 6095, 6096, 6098, and 6099 for those other
13 approvals incorporated herein by reference.
14 NOTICE
15
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
16 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
19 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.
22 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,
23 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
25 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 17th day of May 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL B. MONTGOMERY, (Mrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
•OtVl X L&A
DON NEU
Assistant Planning Director
PCRESONO. 6097 -4-