HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61471 PLANNING COMMISSION RESOLUTION NO. 6147
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED DEVELOPMENT PERMIT
4 PUD 05-11 TO SUBDIVIDE 27.8 ACRES INTO
5 80 RESIDENTIAL LOTS, ONE RECREATION LOT AND TWO
OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED
6 WEST OF RANCHO SANTA FE ROAD, SOUTH OF
MELROSE DRIVE AND NORTH OF CADENCIA STREET IN
7 LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD
8 3.1
9 CASE NO.: PUD 05-11
10 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has
* filed a verified application with the City of Carlsbad regarding property described as
12 Lots 205 and 215 of the City of Carlsbad Tract CT 99-04-03,
13 Villages of La Costa, La Costa Oaks North, in the City of
Carlsbad, County of San Diego, State of California, according
14 to Map No. 15318 filed in the Office of the San Diego County
Recorder on April 18,2006 as File Number 2006-0271049
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Planned
18 Development Permit as shown on Exhibits "A" - "M" dated August 16, 2006, on file in the
19 Planning Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 - PUD 05-11 as
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provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 16th day of August, 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the Planned 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:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH
NEIGHBORHOOD 3.1 - PUD 05-11, based on the following findings and
^ subject to the following conditions:
Findings:
6 1. That the proposed project complies with all applicable development standards included
7 within this chapter, in that the project complies with the required development
standards of the Villages of La Costa Master Plan including lot width, lot area, and
maximum number of residential lots. The project design conforms to all design and
o development standards applicable to the property. The development of single-
family homes on minimum 5,000-square-foot lots is consistent with the Villages of
10 La Costa Master Plan and is compatible with adjacent existing and planned land
uses.
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2. That the proposed project's density and site design are compatible with surrounding
development, in that a small lot residential development is proposed adjacent to the
j o site which is similar in character and density.
14 3. All findings of Planning Commission Resolution No. 6146 for CT 05-14 are incorporated
herein by reference.
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4. The Planning Commission has reviewed each of the exactions imposed on the Developer
16 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.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map or issuance of a grading permit, whichever occurs first.
21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
22 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
23 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
25 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
26 or a successor in interest by the City's approval of this Planned Development Permit.
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2g 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.
PCRESONO. 6147 -2-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development, different from this approval, shall require an amendment to this approval.
3 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
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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.
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9 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
10 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 Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
13 (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.
6. This approval is granted subject to the approval of MP 98-01(E) and CT 05-14 and is
16 subject to all conditions contained in Planning Commission Resolutions No. 6145 and
6146 for those other approvals incorporated herein by reference.
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7. Prior to the issuance of building permits, a Major Planned Development Permit
Amendment shall be submitted to the City of Carlsbad for review and approval for
19 the architecture and plotting of the residential dwelling units.
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PCRESONO. 6147 -3-
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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 16th day of August, 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT: Commissioner Segall
MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6147 -4-