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HomeMy WebLinkAbout2007-04-04; Planning Commission; Resolution 62691 PLANNING COMMISSION RESOLUTION NO. 6269 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT PUD 06-06 ON PROPERTY 4 GENERALLY LOCATED WITHIN THE VILLAGES OF LA 5 COSTA OAKS NORTH, NEIGHBORHOOD 3.7, EAST OF RANCHO SANTA FE ROAD AT THE TERMINUS OF AVENIDA 6 SOLED AD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: VILLAGES OF LA COSTA OAKS NORTH, 7 NEIGHBORHOOD 3.7 CASE NO.: PUD 06-068 9 WHEREAS, Morrow Development, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, "Owner," described as 12 Lot 206 of the City of Carlsbad Tract CT 99-04-03, Villages of 13 La Costa - La Costa Oaks North in the City of Carlsbad, County of San Diego, State of California, According to Map 14 No. 15318 filed in the Office of the San Diego County Recorder on April 18, 2006 as File No. 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" - "R" dated April 4, 2007, on file in the 19 Planning Department, VILLAGES OF LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7 20 - PUD 06-06, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 4th day of April, 2007, hold a 23 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. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 PUD 06-06 - VILLAGES OF LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7, based on the following findings and subject to the following conditions: 5 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 g development standards applicable to the property. The development of minimum 3,500-square-foot single-family lots is consistent with the Villages of La Costa 10 Master Plan and is compatible with the adjacent existing and planned land uses. The Villages of La Costa Master Plan Section 4.6.4 permits a PUD to be approved 11 without architecture and plotting. No architectural and plotting plans are being 1 _ proposed with this application; however a future amendment to the PUD is required to authorize the proposed structures and their plotting in accordance with the 13 provisions of the Master Plan. 14 2. That the proposed project's density and site design are compatible with surrounding development, in that the project conforms with all design and development standards 15 applicable to the property as contained in the Villages of La Costa Master Plan such as lot width, lot area and maximum number of residential lots. Public improvements will be provided concurrent with development of the project to meet 17 all City standards. All manufactured slopes will be landscaped to prevent erosion and visually screen the slopes. 18 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 19 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. 21 Conditions: 22 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. 24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 26 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 2g property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6269 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Planned Development Permit. 3 2. 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. c Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, 14 claims, and costs, including court costs and attorney's fees incurred by the City arising, 1. 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 16 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions.18 19 6. This approval is granted subject to the approval of CT 06-06 and is subject to all conditions contained in Planning Commission Resolutions No. 6268 for those other 20 approvals incorporated herein by reference. 7. Prior to the issuance of building permits, a Major Planned Development Permit ~~ Amendment shall be approved by the Planning Commission for the architecture and plotting of the residential units. 23 8. Prior to issuance of building permits, an interior noise assessment to determine 24 proper architectural treatments (i.e., specialized door and window treatments) shall be required for all project lots where the CNEL exceeds 60 dBA at the second story (as identified in the Acoustical Site Assessment, La Costa Oaks Tentative Map 3.7, 26 Investigative Science and Engineering, ISE Report #06-049, June 15, 2006). 27 Fire Department 9. Lots 1 through 7 shall be required to be constructed with Fire Rated construction on those aspects that face the Fire Suppression Zones. PC RESO NO. 6269 -3- 10. All lots shall be provided with automatic fire sprinkler systems. 2 NOTICE 3 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 5 "fees/exactions." 6 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 g 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 9 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 11 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 12 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6269 -4- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 4th day of April, 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Dominguez, Douglas, Montgomery, Segall and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: JULIE BAKER, Chairperson CARLSBADTrANNrNG COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6269 -5-