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HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61511 PLANNING COMMISSION RESOLUTION NO. 6151 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT PERMIT 4 PUD 05-13 TO SUBDIVIDE 23.9 ACRES INTO 5 83 RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED WEST OF RANCHO 6 SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES 7 MANAGEMENT ZONE 11. CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOODS 8 3.4 AND 3.5 9 CASE NO.: PUD 05-13 10 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property 12 described as 13 Lots 201, 204, 211, and 217 of the City of Carlsbad Tract 14 CT 99-04-03, Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego 15 County Recorder on April 18, 2006, as File Number 2006-0271049 17 ("the Property"); and18 ^9 WHEREAS, said verified application constitutes a request for a Planned 20 Development Permit as shown on Exhibits "A" - "N" dated August 16, 2006, on file in the 21 Planning Department, LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 AND 3.5 - 22 PUD 05-13, as provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 24 hold a 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 27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 2° relating to the Planned Development Permit. 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. 4 ^ B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA OAKS NORTH 6 NEIGHBORHOODS 3.4 AND 3.5 - PUD 05-13, based on the following findings and subject to the following conditions: 7 Findings; o 0 1. That the proposed project complies with all applicable development standards included within this chapter, in that the project complies with the required development 10 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 11 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 La Costa Master Plan and is compatible with adjacent existing and planned land uses. 2. That the proposed project's density and site design are compatible with surrounding 14 development, in that a proposed small lot residential development is proposed adjacent to the site which is similar in character and density. 3. All findings of Planning Commission Resolution No. 6150 for CT 05-16 are incorporated herein by reference. 17 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 1 g 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 19 degree of the exaction is in rough proportionality to the impact caused by the project. ?nzu Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 22 a Final Map or issuance of a grading permit, whichever occurs first. 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 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 25 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 26 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 conditions or seek damages for their violation. No vested rights are gained by Developer 2g or a successor in interest by the City's approval of this Planned Development Permit. PCRESONO. 6151 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 <- 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 12 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 13 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 (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 15 facility of electromagnetic fields or other energy waves or emissions. 17 6. This approval is granted subject to the approval of MP 98-01(E) and CT 05-16 and is subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6150 for those other approvals incorporated herein by reference. 19 7. Prior to the issuance of building permits, a Major Planned Development Permit 20 Amendment shall be submitted to the City of Carlsbad for review and approval for the architecture and plotting of the residential dwelling units. 22 23 24 25 26 27 28 PCRESONO. 6151 -3- 1 NOTICE 2 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 A "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 16th day of August 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, * 7 Dominguez, Heineman, and Whitton 18 NOES: 19 ABSENT: Commissioner Segall 20 ABSTAIN: 22 23 MARTELL B. MONTGOMERY, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DON NEU28Assistant Planning Director PCRESONO. 6151 -4- ..