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HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62331 PLANNING COMMISSION RESOLUTION NO. 6233 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR EXTENSION OF A PLANNED DEVELOPMENT 4 PERMIT PUD 02-02 TO SUBDIVIDE 21.9 ACRES INTO 5 5 SINGLE-FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE PRIVATE STREET LOT ON PROPERTY 6 GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN 7 LOCAL FACILITIES MANAGEMENT ZONE 8 AND THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM 8 CASE NAME: KIRGIS TENTATIVE MAP 9 CASE NO.: PUD 02-02x1 10 WHEREAS, Pergola Nevada, LLC, "Developer/Owner," has filed a verified 1 * application with the City of Carlsbad regarding property described as 12 All that portion of Lot "F' of Rancho Agua Hedionda, in the 13 County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County 14 Recorder of San Diego County, on November 16,1896 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Planned 17 Development Permit extension as shown on Exhibits "A" - "C" dated September 3, 2003, on18 19 file in the Carlsbad Planning Department, KIRGIS TENTATIVE MAP - PUD 02-02x1, as 20 provided by Chapter 21.45 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 3rd day of September 2003, 22 on the 17th day of September 2003, and on the 5th day of November 2003 consider PUD 02- 23 02;and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony Z*3 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Planned Development Permit; and 28 1 WHEREAS, the City Council did on the 2nd day of March 2004 consider PUD 2 02-02; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony4 c- and arguments, if any, of persons desiring to be heard, said Council considered all factors relating 6 to the Planned Development Permit; and 7 WHEREAS, on March 2, 2004, the City Council approved, PUD 02-02, as described and conditioned in City Council Resolution No. 2004-074. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad as follows:y 19 A) That the foregoing recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Commission APPROVES KIRGIS SUBDIVISION - PUD 02-02x1, based on the following findings and subject to the following conditions: 15 ... ,.Findings; 16 All the findings contained in City Council Resolution No. 2004-074 dated March 2, 17 2004 for PUD 02-02 are incorporated herein by reference and remain in effect because the design and improvements of the subdivision are consistent with the General Plan in that the project is within the density range of 0-1.5 dwelling units . Q per acre; because the project is consistent with the Subdivision Ordinance (Title 20) and the Planned Unit Development Ordinance (Section 21.45 of the Zoning 20 Ordinance) in that all of the lot sizes and improvements meet the standards established by those ordinances and the Local Facilities Management Plan. 21 2. That the applicant has been pursuing those acts required to obtain a final map 22 including identifying and acquiring mitigation land and preparing improvement ~~ plans and bonds. 24 3. That a two-year extension is appropriate in that the project site is small and therefore does not benefit from the economy of scale; the applicant has expended 25 funds for the identification and acquisition of mitigation land in the City of Carlsbad which is increasingly more difficult as well as for the preparation of improvement plans; the development of the site with 5 custom homes will also include the preservation of 16.5 acres of open space which will benefit the City's Open Space preserve system; and would allow the owner/applicant to preserve 28 existing property entitlements while satisfying the conditions for a 7 lot subdivision PC RESO NO. 6233 -2- 1 (GPA 03-01, ZC 03-01, LCPA 03-01, CT 02-06, PUD 02-02, CDP 02-05 and HDP 04- 2 01). 3 4. The Planning Director has determined that: 4 a. the project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Kirgis Subdivision, PUD 02- 5 02, dated March 2, 2004, (City Council Resolution No. 2004-067) was previously adopted [ 15162]; 7 b. this project is consistent with the project sited above; 8 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was adopted in connection with the prior project or plan; 9 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration and Mitigation Monitoring and i Reporting Program; and 12 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exists. 13 5. 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 . , 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. 16 Conditions: 17 1. This approval is granted subject to the approval of CT 02-06x1 and HDP 02-Olxl and is subject to all conditions contained in Planning Commission Resolutions No. 6232 and 19 6234 for those other approvals; and is subject to the approval of CDP 02-05x1 by the Planning Director. 20 2. All the conditions contained in City Council Resolution No. 2004-074 dated March 91z l 2, 2004 for PUD 02-02 are incorporated herein by reference and remain in effect. 22 3. This approval shall become null and void upon the expiration of Tentative Map CT 23 02-06x1. 24 25 26 27 28 PC RESO NO. 6233 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3rd day of January 2007, by the following vote, to wit: AYES: Commissioners Cardosa, Douglas, Segall and Whitton NOES: Chairperson Montgomery, Commissioners Baker and Dominguez ABSENT: ABSTAIN MARTELL B. MONTGOMERY,^hairperson CARLSBAD PLANNING COMMISSION PEST: DON NEU Assistant Planning Director PC RESO NO. 6233 -4-