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HomeMy WebLinkAbout2007-10-03; Planning Commission; Resolution 63461 PLANNING COMMISSION RESOLUTION NO. 6346 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT PERMIT PUD 4 06-14 ON PROPERTY LOCATED IN PLANNING AREA 18 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: ROBERTS ON RANCH PA 18 8 CASE NO.: PUD 06-14 9 WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property described as 19 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 the 19 Planning Department, ROBERTSON RANCH PA 18 - PUD 06-14, 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 Z*O 25 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. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 18 - PUD 06-14, 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 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 Q 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 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 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. 25 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. 6346 -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 Development Permit, (b) City's approval or issuance of any permit or action, whether t- 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. 9 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.11 j2 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 i /- 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. 17 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 18 (Lots 195-304 of CT 04-26). 22 12. Prior to occupancy of any residential units in PA 18, an RV storage area shall be constructed, according to the requirements of the Robertson Ranch Master Plan, to 23 serve the East Village of Robertson Ranch. 24 13. The common recreation area on Lot 309 shall be constructed concurrently with the 25 first phase of residential development in PA 18 and shall be completed prior to occupancy of any residential units. 26 27 28 PC RESO NO. 6346 -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 "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, '" zoning, grading, or other similar application processing or service fees in connection with this 11 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: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 1 Q NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 JULIE BAKE& Chairperson 24 CARLSBATrPLANNING COMMISSION 25 ATTEST: 26 27 DON NEU28Planning Director PC RESO NO. 6346 -4-