HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61321 PLANNING COMMISSION RESOLUTION NO. 6132
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PERMIT PUD 06-01 TO ALLOW FOR THE
4 CONSTRUCTION OF A COMMON RECREATIONAL
5 VEHICLE STORAGE AREA WITHIN NEIGHBORHOOD 1.3
OF THE GREENS IN THE VILLAGES OF LA COSTA
6 MASTER PLAN ON PROPERTY GENERALLY LOCATED
SOUTH OF CAMINO VIDA ROBLE AND EAST OF EL
7 CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 10.
8 CASE NAME: VLC GREENS RV STORAGE SITE
9 CASE NO.: PUD 06-01
10 WHEREAS, Morrow Development, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
12 Management Company, "Owner," described as
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A portion of Lot 3 of Carlsbad Tract No. 99-03 La Costa
14 Greens, in the City of Carlsbad, County of San Diego, State of
., California, according to Map No. 14543, filed in the Office of
the County Recorder of San Diego County, February 12,2003
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned Unit18
19 Development Permit as shown on Exhibits "A" - "H" dated July 19, 2006, on file in the
20 Planning Department, VLC GREENS RV STORAGE SITE - PUD 06-01, as provided by
2 * Chapter 21.45 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 19th day of July 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 testimony
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26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Planned Unit 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 VLC GREENS RV STORAGE SITE - PUD 06-01, 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 complies with the required development
7 standards of the Villages of La Costa Master Plan and Section 21.42.010(9) of the
CMC for design and development of the community RV storage site and provision
° of a private driveway access to serve future residential development in
n Neighborhood 1.3 and community facilities in the southern portion of
Neighborhood 1.2.
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2. That the proposed project's density and site design are compatible with surrounding
11 development, in that the RV storage area will be screened from the future residential
development within Neighborhood 1.3 and RV storage areas are a permitted use
within Planned Development communities.
13 3. The Planning Commission has reviewed each of the exactions imposed on the Developer
14 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
15 degree of the exaction is in rough proportionality to the impact caused by the project.
" Conditions;
17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
18 a Parcel Map or issuance of a grading permit, whichever occurs first.
19 1. 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
them internally consistent and in conformity with the final action on the project.
21 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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2. This approval is granted subject to the approval of MP 98-01(F), CUP 05-03, and
SUP 05-02 and is subject to all conditions contained in Planning Commission
24 Resolutions No. 6130, 6131, and 6133 for those other approvals and subject to the City
Engineer's approval of Minor Subdivision MS 05-05 and all conditions contained in
25 that approval.
2" 3. Developer shall establish a homeowner's association and corresponding covenants,
27 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to Parcel Map approval. Prior to issuance of a building permit,
28 the Developer shall provide the Planning Department with a recorded copy of the official
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CC&Rs that have been approved by the Department of Real Estate and the Planning
2 Director. At a minimum, the CC&Rs shall contain the following provisions:
3 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
6 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
7 transmitted to City within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the
9 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
10 the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
, 2 setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
13 (30) days from the giving of such notice, hi the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
14 Easements within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
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d. Special Assessments Levied by the City. In the event the City has performed the
17 necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costsIS1 ° incurred by the City to perform such maintenance of the Common Area Lots and
, n or Association's Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
20 pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
21 invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
23 subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
24 means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
27 lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
28 assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
PCRESONO. 6132 -3-
his/her respective Lot for purposes of collecting such special assessment in
2 accordance with the procedures set forth in Article of this Declaration.
3 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit .
c- 4. A reciprocal access easement shall be recorded for the private driveway and
Maintenance Responsibilities for the private driveway shall be included in the
6 CC&Rs.
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1 NOTICE
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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
4 "fees/exactions."
5 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
6 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
g annul their imposition.
9 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
j j 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
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of July 2006, by the
15 following vote, to wit:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez,
17 Heineman, Segall, and Whitton
18 NOES:
19 ABSENT:
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ABSTAIN:
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B. MONTGOMERYJ^eChairperson
24 CARLSBAD PLANNING COMlfcfsiON
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26 ATTEST:
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28 DON NEU
Assistant Planning Director
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