HomeMy WebLinkAbout2007-10-03; Planning Commission; Resolution 63441 PLANNING COMMISSION RESOLUTION NO. 6344
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED DEVELOPMENT PERMIT PUD
4 06-12 ON PROPERTY LOCATED IN PLANNING AREA 16 IN
5 THE EAST VILLAGE OF ROBERTSON RANCH ON
PROPERTY GENERALLY LOCATED NORTH OF CANNON
6 ROAD, WEST OF COLLEGE BOULEVARD AND EAST OF
FUTURE WIND TRAIL WAY IN LOCAL FACILITIES
7 MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH PA 16
8 CASE NO.: PUD 06-12
9
WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified
10
application with the City of Carlsbad regarding property described as
12 A portion of Lot 5 of Carlsbad Tract No. 02-16, in the City of
Carlsbad, County of San Diego, State of California, according
13 to Map thereof No. 15608 filed in the Office of the County
Recorder of San Diego County, September 18, 2007 as
14 instrument No. 2007-0612802 of Official Records.
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Planned
17
Development Permit as shown on Exhibits "A" - "WW" dated October 3, 2007, on file in the18
19 Planning Department, ROBERTSON RANCH PA 16 - PUD 06-12, as provided by Chapter
20 21.45/21.47 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 3rd day of October, 2007,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Planned Development Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2° Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 16 - PUD
06-12, based on the following findings and subject to the following conditions:
3
Findings:
4
1. That the proposed project complies with all applicable development standards in that the
project complies with the required development standards of the Robertson Ranch
5 Master Plan and Carlsbad Municipal Code Chapter 21.45 such as lot width and
area, and maximum number of residential lots.
7
2. That the proposed project's density, site design, and architecture are compatible with
8 surrounding development, in that there is presently no development adjacent to the
site. The adjacent future development within the Master Plan will be consistent
with the proposed project in that it will consist of single-family detached residential
10 units, detached condominium units, multi-family units, construction of a private
community recreation area, a potential elementary school, and preservation of open
11 space areas.
12 Conditions;
13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
14 a final map or issuance of a grading permit, whichever occurs first.
15 l. If any of the following conditions fail to occur, or if they are, by their terms, to be
,f 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
17 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
18 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
20 or a successor in interest by the City's approval of this Planned Development Permit.
21 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
22 them internally consistent and in conformity with the final action on the project.
~~ Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
24
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
25 regulations in effect at the time of building permit issuance.
96 4. If any condition for construction of any public improvements or facilities, or the payment
27 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
28 66020. If any such condition is determined to be invalid, this approval shall be invalid
PC RESO NO. 6344 -2-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 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
representatives, from and against any and all liabilities, losses, damages, demands,
e 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
6 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
facility of electromagnetic fields or other energy waves or emissions.
9
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
1 0 the Tentative Map reflecting the conditions approved by the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
13
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 14 Local Facilities Management Plan and any amendments made to
, g. that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
17 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
1 ° facilities will continue to be available until the time of occupancy.
19 10. This approval is granted subject to the approval of CT 04-26 and SDP 06-06 and is
20 subject to all conditions contained in Planning Commission Resolutions No. 6343 and
6347 for those other approvals incorporated herein by reference.
21
11. Prior to the issuance of building permits, a Major Planned Unit Development
Permit Amendment shall be approved for the architecture and plotting of units
within PA 16 (Lots 44-63, 89-99, 117-140, and 160-189 of CT 04-26).
12. Prior to occupancy of any residential units in PA 16, an RV storage area shall be
constructed, according to the requirements of the Robertson Ranch Master Plan, to
25 serve the East Village of Robertson Ranch.
26 13. The common recreation area on Lot 308 shall be constructed with the first phase of
residential development in PA 16 and shall be completed prior to occupancy of any
2 ' residential units. The common recreation area on Lot 307 shall be completed prior
to the occupancy of Lots 63 or 189.
PC RESO NO. 6344 -3-
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
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 October, 2007, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whirton
JULIE
CARLS
ATTEST:
, Chairperson
ANNING COMMISSION
ock* / ICAA
DON NEU
Planning Director
PC RESO NO. 6344 -4-