HomeMy WebLinkAbout2007-10-03; Planning Commission; Resolution 63451 PLANNING COMMISSION RESOLUTION NO. 6345
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED DEVELOPMENT PERMIT PUD
4 06-13 ON PROPERTY LOCATED IN PLANNING AREA 17 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 17
CASE NO.: PUD 06-13
9
WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified
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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
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WHEREAS, said verified application constitutes a request for a Planned
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Development Permit as shown on Exhibits "A" - "WW" dated October 3, 2007, on file in the18
19 Planning Department, ROBERTSON RANCH PA 17 - PUD 06-13, 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
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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 17 - PUD
06-13, 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
Master Plan and Carlsbad Municipal Code Chapter 21.45 such as lot width and
area, and maximum number of residential lots.
2. That the proposed project's density, site design, and architecture are compatible with
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, construction of a private community recreation
area, and preservation of open space areas.
11
Conditions:12
13 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.
14
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
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
revoke or modify all approvals herein granted; deny or further condition issuance of all
17 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
18 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
or a successor in interest by the City's approval of this Planned Development Permit.
20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
21 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.
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
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
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
27 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
28 unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RESO NO. 6345 -2-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands,
3 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
4 Development Permit, (b) City's approval or issuance of any permit or action, whether
i- discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
7
„ 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
10 Director from the School District that this project has satisfied its obligation to provide
school facilities.
12 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
13 that Plan prior to the issuance of building permits.
14 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
adequate water service and sewer facilities, respectively, are available to the project at the
I6 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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10. This approval is granted subject to the approval of CT 04-26 and SDP 06-06 and is
18 subject to all conditions contained in Planning Commission Resolutions No. 6343 and
6347 for those other approvals incorporated herein by reference.
2Q 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
21 within PA 17 (Lots 1-43,64-88,100-116,141-159, and 190-191 of CT 04-26).
22 12. At a minimum, one-story homes shall be plotted on Lots 73 and 150, adjacent to the
community recreation area.
13. Prior to occupancy of any residential units in PA 17, 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 14. The common recreation area on Lot 305 shall be constructed in compliance with
Condition 10 of Resolution 6347 for SDP 06-06. The common recreation area on
27 Lot 306 shall be completed prior to occupancy of Lots 9,10 or 43.
28
PC RESO NO. 6345 -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
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,
!i zoning, grading, or other similar application processing or service fees in connection with this
I 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
1 Commission of the City of Carlsbad, California, held on the 3rd day of October, 2007, by the
15 following vote, to wit:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
18 NOES:
19
ABSENT:
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ABSTAIN:21
22
23
JULIE BAKER, ^Chairperson
24 CARLSBAD^EANNING COMMISSION
25 ATTEST:
26
27
DON NEU28Planning Director
PC RESO NO. 6345 -4-