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Home My WebLink About2008-02-06; Planning Commission; Resolution 63871 PLANNING COMMISSION RESOLUTION NO. 6387 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT CP 06-17 TO 4 SUBDIVIDE A 12.14 ACRE SITE AND CONSTRUCT 84 5 DETACHED RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS ON 2 LOTS WITHIN PLANNING AREA 21 OF THE 6 ROBERTSON RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTH OF CANNON ROAD, WEST 7 OF FUTURE HILLTOP STREET AND SOUTH OF FUTURE GLEN AVENUE IN LOCAL FACILITIES MANAGEMENT 8 ZONE 14. 9 CASE NAME: ROBERTSON RANCH PA 21 CASE NO.: CP 06-17 10 WHEREAS, Calavera Hills II, LLC, "Developer/Owner," has filed a verified , 2 application with the City of Carlsbad regarding property described as 13 Lots 2 and 11 of Carlsbad Tract No. 02-16, in the City of Carlsbad, County of San Diego, State of California, according 14 to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, September 18, 2007 as Instrument No. 07-0612802 of Official Records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Condominium lo jp Permit as shown on Exhibits "A" - "RR" dated February 6, 2008, on file in the Planning 20 Department, ROBERTSON RANCH PA 21 - CP 06-17, as provided by Chapter 21.45 of the 21 Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all £*3 2ft testimony and arguments, if any, of persons desiring to be heard, said Commission 27 considered all factors relating to the Condominium Permit. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 21 - CP 06-17, based on the following findings and subject to the following conditions:4 c Findings: 6 1. That the proposed project complies with all applicable development standards included within Chapter 21.45, in that the project complies with the unique Development 1 Standards and Special Design Criteria of the Robertson Ranch Master Plan. The Master Plan provides that the Planned Development Ordinance standards (CMC Chapter 21.45) and RD-M development standards shall be used unless otherwise 9 modified by the Master Plan. The project design conforms to all applicable design and development standards including Chapter 21.45 Table C and Table E, and City 10 Council Policy 66. 11 2. That the proposed project's density, site design, and architecture are compatible with surrounding development, in that the development of 84 detached air space condominium units is 3 units below the maximum of 87 units allowed by the 13 Robertson Ranch Master Plan for PA 21 and the proposed development is compatible with adjacent existing and planned land uses including multi-family 14 apartments and small-lot single family residential lots. These future surrounding uses are compatible in character and density to the proposed development. 3. All findings of Planning Commission Resolution No. 6386 for CT 06-25 are incorporated herein by reference. 17 Conditions; 18 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. 20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 21 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 22 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 24 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 25 or a successor in interest by the City's approval of this Condominium Permit. ^yf\2. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 28 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PC RESO NO. 6387 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 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 unless the City Council determines that the project without the condition complies with 6 all requirements of law. 7 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, claims 9 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 Condominium Permit, 10 (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, 12 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. This approval is granted subject to the approval of CT 06-25 and is subject to all conditions contained in Planning Commission Resolution No. 6386 for that other 16 approval. 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 19 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions . " 20 2 , 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 22 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 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, 26 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. PC RESO NO. 6387 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on February 6, 2008, by the following 3 vote, to wit:4 r AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 6 7 8 ABSENT: 9 ABSTAIN: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOES: JULIE BJyCERAChairperson CARLSBAD^EANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6387 -4-