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
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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
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("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
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WHEREAS, the Planning Commission did, on the 16th day of August, 2006,
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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:
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A) That the foregoing recitations are true and correct.
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^ 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:
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Findings;
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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.
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<- 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.
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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.
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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.
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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:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
* 7 Dominguez, Heineman, and Whitton
18 NOES:
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ABSENT: Commissioner Segall
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ABSTAIN:
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MARTELL B. MONTGOMERY, Chairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST:
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DON NEU28Assistant Planning Director
PCRESONO. 6151 -4-
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